the danger to england observed, upon its deserting the high court of parliament. humbly desired by all loyall and dutifull subjects to bee presented to his most excellent majestie. parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the danger to england observed, upon its deserting the high court of parliament. humbly desired by all loyall and dutifull subjects to bee presented to his most excellent majestie. parker, henry, - . [ ], p. [s.n.], london : printed, july . . anonymously published by henry parker. annotation on thomason copy: "by h: parker". reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason e _ ). civilwar no the danger to england observed, upon its deserting the high court of parliament.: humbly desired by all loyall and dutifull subjects to bee parker, henry c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the danger to england observed , upon its deserting the high court of parliament . humbly desired by all loyall and dutifull subjects to bee presented to his most excellent majestie . london printed , july . . the danger to england observed . that his maiesty having first declined , and after deserted and since by force of armes prepared to inv●de his great councell ( as we conceive ) doth now expect a concurrence therein according to severall messages and commands , not onely from divers persons of both houses of parliament , but also from all his loving subiects , amongst whom we of the citie of london are no inconsiderable number . that we conceive ( as the case now stands ) that it cannot be , but a most impious and mischievous thing in us , either to forsake , or by arms to seek the destruction of that sacred court ; for these reasons . first , because in former ages this kingdome hath very seldome relinquisht its representative , elected , intrusted councell , and when it hath , it hath soon found cause to repent that treachery , and instability , & commonly that repentance proved fatall both to king & kingdom . secondly , that private councell by which his majesty is incensed against his generall councell , obscures it self from the world ; neither their names nor qualities , nor their grounds of exception ●re declared or avowed . and since his majestie is now attended by so many peers , councellors of state , judges , and lawyers , and hath sufficient forces to commence warre , and cannot be imagined to obey the conduct of meere private reason , in a matter of such transcendent consequence , we are apt to thinke , that the promoters of this horrid warre would not conceale themselves and their grounds , if they were not papists , prelates , delinquents . necessitous courtiers , or such mercinary sword-men , as no nation nor age ever expected faith or pietie from . and there is a rumour here spread , that divers of the nobles now in his maiesties traine departed not from hence without great solicitation , and have not that freedome now of advice , or of accesse to his majestie , or recesse to the parliament , as was expected . nor does any thing under their hands publikely testifie , how farre they adjudge this parliament trayterous , or this warre gainst it justifiable . and yet policy , justice , honour must needs inforce this , and doth challenge it both from his majestie and from them . thirdly , we having lived nearer and beene more jealously intentive eye and eare witnesses of parliamentary proceedings , then remoter c●unt●ies , have not beene able to discover any disloyaltie in the major part of lords and commons , but on the contrary , have seene all the slaunders of their enemies , detected of villanous falshood and malice , as in the maine matters of ingrossing the publike treasure to their owne use , or seeking to corrupt the militia of the land , that thereby they might tirannize over king and kingdome , we beleeve , we see , we know the contrary , and so must needs all sober men . fourthly , if his maiestie did not relie upon allegations without proofes , and if those allegations also were not full of uncertaintie and insuffiency many times , no blood need to be shed in this difference , a legall debate even in parliament it selfe would sift out the truth to the satisfaction of all the kingdome , and neither the orators tongue , nor the souldiers arme ( whom none but times very calamitous use to imploy ) neede here to be ingaged : for sometimes his maiestie professes to have honorable thoughts concerning the parliament , blaming onely the too great influence which some malignant partie hath upon both houses , yet his maiestie names no malignants , nor specifies the nature of that influence ; sometimes his maiestie chargeth by name some few of each house , and promiseth particular charges , but publisheth none , sometimes his maiesty inveigheth against some particular votes of the maior part of both houses , condemning them as treasonable , and apparently illegall , but taketh no issue , nor assigneth any legall tryall , nor alloweth any appeale from his owne breast and sword , and though in very tearmes no warre is confessed against the parliament , yet it is mam●nifestly levied against sir john hotham , &c. for being an actor under the parliament , and treason is fixed upon all such as obey the ordinance of both houses : and yet both houses themselves must not be thought to be aymed at ; and as there is uncertaintie in the parties charged so there is the like in the crimes imputed , for sometimes the ordinance concerning the militia , beares the burthen of all ▪ sometimes some other plots & conspiracies of bringing in an arbitrary power , and aristocraticall usurpation over king and kingdome , both are intimated , and a more satisfactory narration of particulars are promised , but we see no such thing as yet performed . and thus the case not being yet rightly stated , nor the certaine traytors nominated nor the certaine treasons declared , nor any other interpreter of law , but his maiestie alone without any of his peeres or judges admitted , yet we are moved to betray that treshault assembly , whom all law , conscience and interest , nay , all that is sacred or can be neare or deare unto us , bindes us to defend with our lives , till wee are clearely convinced of their falshood to us . fiftly , divers exceptions taken against the parliament much insisted on , as that they may vote the king to be at london when he is at yorke , or declare treason to be loyaltie , and loyaltie treason , &c. savour of meere merriment , and require no other answer , if the sadnesse of the times would allow it , for though generall consent inable the parment very farre , whilst it is not abused , yet that being all the basis of their power when that shall fall away ( as it doth when grosly abused ) all derivative power vanishes with it ; and story tells us that the kingdome sometimes hath causelesly out of levetie and love of noveltie , betrayed the parliament , but no age ever saw one parliament that proved treacherous to the whole kingdome . sixtly , as we see none but good fruits in this publike councell , so we see none but bad in its private opposite , for when we see his maiesty at the same time raysing forces here against a parliament , not iustly convinced of treason , and yet not affording his ready assistance to supplies for ireland , whilst many protestants are murdered daily there for want of the same , and that by the hands of those bloody miscreants whom his maiestie never mentions without horror . and when wee see all intentions of forces abiured , and with such high imprecations disclaymed , except for a guard onely , and yet as soone as forces are increased thereby , open defiance proclaimed to all which adhere to the parliament in orders made for publique safetie . and when we see the intrusting of the publike militia into faithfull hands by authority of the whole state thundred against as oppressive to the subiect , and yet at the same time , commissions of array issued out to such as my lord rivers , &c. the said commissions being as illegall and vexatious , and dangerous , and so generally known to be ; as the ship-scot was , when we see these things and many other like we grieve , we bleed inwardly for his maiesty , & it seemes prodigious to us that so gentle a prince should indure so much , so many yeares together for such ministers sakes contrary to the prayers and advertisements of this whole glorious brittish monarchy . seventhly , his majestie rests onely in generalls ( which according to his majesties owne words amount to just nothing , for as generall complaints of subverting law , and subjecting both king and kingdome to lawlesse arbitrary rule , are pressed against the parliament , so nothing but generall promises , of making us a happy people , and consenting to all just requests , are uttered by his ma●estie : at this present when his majestie prefers private advise before publique , yet he attributes generally all due respect to parliaments : and when his majestie takes up the sword against the parliament , the highest court of law in england , and not condemned , but by edict law onely , ( no peere , judge , &c. appearing in the condemnation ) yet this sword is said to be taken up meerely to protect the law ; this strange persecution of a parliament , and all its favourers , by fire and sword , which to our ordinary apprehensions seemes so dismall and fatall , especially at this time , when it is as great a benefit to popish rebels in ireland , as it is a scourge to loyall protestants in england , & this must seeme not only to stand with his majesties generall expressions of grace , but in a generall sense it is it self an act of grace . and this is not wonderfull , for we know that whilst the ship-scos , and all other projects and monopolies lay heavyest upon us , in all our sore grievances and violations , generall expressions of grace did ever accompany them , though they rather added than diminished to the weight of our sorrows . and therefore we have now the lesse reason to comfort our selves with generall assurances , especially since deeds of hostility faile not to attend our sweetest words of clemency ; nay , and in the same manifestoes , as we finde professions savouring all of law , right , and limited power : so we finde withall intermingled divers positions placing the king beyond all law , right and limitation , and reducing parliaments to lesse power than ordinary courts . in all submissive humility therefore we humbly prostrate our selves before his majesties feet , with the pious tender of these our earnest supplications . first , that it would please his majesty , in a war of this confounding nature to the three kingdomes at once and to the true religion , in them to have recourse to the impartiall advise of former goes , rather then of this . secondly , to abandon the councels of papists , as well such as goe to church by dispensation , as not , and as well such as send instru●tions from beyond the sea , as those which are here more visible ; and in the same manner to reject the advertisements of delinquents , prelates , souldiers , &c. whose known interests makes them incompetent advisers in this case , no age having a paralell to it , and if his majesty conceives publike advise to be partiall at this time ; yet to let the kingdome know what private advise is hearkened to , and what the quality and grounds of it is , for the better vindication of his majesties honour , and the more full satisfaction of all true protestants . thirdly , to make a further guesse at some of his majesties councellors , by those false slanders of treasons which they have powred into his majesties eares , and are now disproved to all the world . fourthly , that his majesty would not admit of any crime in the parliament , but such as beares the stamp and form of a legall and judiciall accusation ; and instead of generall invectives , to publish the certain kinde of treasons , and names of traytors , and the certainty of his majesties evidence , and how far his majesty will refer the tryall thereof to any peaceable treaty , laying down the sword in the meane time , without disadvantage to either side , for if the offence of the parliament be , that they have been too zealous of the safety of the kingdome , in making ordinances to settle the militia , then the question is only , whether or no the king hath such a sole interest in the towns , forts , &c. and strength of the kingdome , as that he may at pleasure intrust them to suspected substitutes , in time of danger , without generall advise , nay contrary to generall consent . and this seemes a strange ground for such an uncouth dismall war , at such a time as this , when it makes our lords and commons worse rebels then the irish , and chuses rather that the protestant religion , together with the crowne there shall perish , then any truce shall be granted here , or any umpirage admitted . it cannot but be better that the state of scotland were intreated to mediate and arbitrate in this difference , then that so unse●sonable and unnaturall a war should be waged . for if sir john hotham be not fitter to be trusted than captain leg , and my lord of warwicke then sir iohn pennington , yet the kings interest is not altered , nothing but the subordinate person is changed , and if this be not allowed to a parliament , the subject hath no remedy nor power of defence in any danger when the king mistakes both his friends and foes : but if this be allowed , the king suffers nothing by it . he which serves the state faithfully , must needs serve the king faithfully , ( it is to be wished , the contrary were as true ) a generall defection is not to be feared , nor could be redressed if it should happen , and except in case of generall defection , the state cannot chuse to the disadvantage of the king : but if the militia be not the main cause of this war , if any other super-emergent exceptions , against any particular persons , in , or out of parliament may be taken , this may be debated , and accommodated legally without blood , except one side will declare it self not to be satisfied otherwise then by blood . till these things be better cleared no force ought to be used , and if the king will admit of no truce , it will not be said that the parliament takes up armes against the king , but the whole kingdome in its representative court defends it selfe against such as have seduced , and uniustly incensed the king , and such , as though they have usurped the kings person , and word , and command , yet have not so true a right to his vertue , and authoritie , nor ought to bee held so friendly thereunto as the parliament . fiftly , not to make the parliaments arbitrary power in declaring law , &c. any ground of charge since this strife betweene prerogative and libertie must be decided , and by the law it selfe without some interpreter cannot , and since his maiestie does not claime that sole interpretation , and since the parliament cannot be suspected therein . sixthly , to judge of the councellours and fomenters of this warre by the favour which it beares to the irish rebellion , and the disagreement thereof with his majesties former gracious professions : and at least to hearken to a truce till the irish warre be ended , except the lords and commons seeme more detestable traytors than the irish rebells . seventhly , that his maiestie will let us know something in particular concerning our priviledges , in and out of parliament , and what latitude of authority and power shall be granted to the representative body of the whole kingdome , even when his maiestie likes better of private advise ; and also how farre his maiestie will grant his royall prerogative to be within the cognizance and declaration of the lords and commons , because in our understanding to have no right , and no impartiall judge of that right , and to have no limits , and no knowne limits is one and the same thing . now therefore our humble and heartie desires to his majestie are , that he would be gratiously pleased to condiscend to these so necessary things , now that so streaming a comet of bloody aspect hangs over our heads , and so abominable a warre is commenced amongst us , it will facilitate a happy and faire accommodation , it will disappoint the greatest adversaries of the church and state , it will make his majesties raigne more blessed now , and his story more candid and unstayned with blood hereafter . and his maiesties most humble petitioners shall ever pray , &c. the case of shipmony briefly discoursed, according to the grounds of law, policie, and conscience and most humbly presented to the censure and correction of the high court of parliament, nov. . . parker, henry, - . this text is an enriched version of the tcp digital transcription a of text s in the english short title catalog (stc ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a stc estc s this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the case of shipmony briefly discoursed, according to the grounds of law, policie, and conscience and most humbly presented to the censure and correction of the high court of parliament, nov. . . parker, henry, - . [ ], , [ ] p. printed [by elizabeth purslowe], [london] : ann. dom. . by henry parker. printer's name from stc. another edition (stc . ) has p.; another edition (stc ) has "policy" in title. reproduction of the original in the henry e. huntington library and art gallery. eng ship-money -- early works to . a s (stc ). civilwar no the case of shipmony briefly discoursed, according to the grounds of law, policie, and conscience and most humbly presented to the censure a parker, henry d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion the case of shipmony briefly discoursed , according to the grounds of law , policie , and conscience . and most hvmbly presented to the censure and correction of the high court of parliament , nov. . . printed ann. dom. . the case of ship-money briefly discoursed , great ● fires happening in townes or cities , are sometimes the cause that other contiguous houses are spoyld and demolisht , besides those which the flame it selfe ceazes : so now , in the case of shipmony , not onely the judgement it selfe which hath beene given against the subject , doth make a great g●p and breach in the rights and franchises of england , but the arguments and pleadings also , which conduced to that judgement , have extended the mischiefe further , and scarce left anything unviolated . such strange contradiction there hath beene amongst the pleaders , and dissent amongst the judges , even in those lawes which are most fundamentall , that we are lef● in a more confused uncertainty of our highest priviledges , and those customes which are most essentiall to freedome then we were before . to introduce the legality of the ship-scot , such a prerogative hath been maintained , as destroyes all other law , and is incompatible with popular liberty : and such art hath beene used to deny , traverse , avoid , or frustrate the true force or meaning of all our lawes and charters , that if wee grant ship-money upon these grounds , with ship-money we grant all besides . to remove therefore this uncertainty , which is the mother of all injustice , confusion , and publike dissention , it is most requisite that this grand councell and tres●ault court ( of which none ought to thinke dishonourably ) would take these ard●a regni , these weighty and dangerous difficulties , into serious debate , an solemnly end that strife , which no other place of judicature can so effectually extinguish . that the king ought to have aid of his subjects in time of danger , and common aid in case of common danger , is laid down for a ground , and agreed upon by all sides , but about this aid there remain●s much variety and contrariety of opinion amongst the greatest sages of our law ; and the principall points therein controverted are these foure : first , by what law the king may compell aid . secondly , when it is to bee levied . thirdly , how it is to be levied . fourthly , what kinde of aid it must be . some of the judges argue from the law of nature , that since the king is head , and ●ound to protect , therefore he must have wherewithall to protect : but this proves only that which no man denies . the next law insisted upon is prerogative ; but it is not punctually explained what prerogative , whether the prerogative naturall of all kings , or the prerogative legall of the kings of england . some of the judges urge , that by law there is naturall allegeance due to the king from the subject ; and it doth not stand with that allygeance that the princes cannot compell aid , but must require the common consent therein . others presse , that the law hath ●etled a property of goods in the subject , and it doth not stand with that property , that the king may demand them without consent . some take it for granted , that by royall prerogative , as it is part of the lawes of england , the king may charge the nation without publike consent , and therefore it being part of the law , it is no invasion upon law . others take it for granted , that to levie money without consent is unjust , and that the kings prerogative cannot extend to any unjust thing : so many contrary points of warre doe our trumpets sound at once , and in such confusion doe our judges leave us , whilest either side takes that for granted , which by the other is utterly denied . by these grounds royall prerogative , and popular liberty may seeme things irreconciliable ; though indeed they are not ; neither doth either side in words affirme so much , though their proofes bee so contradictory . king charles his maxime is , that the peoples liberty strenghteus the kings prerogative , and the kings prerogative is to maintain the peoples liberty ; and by this it seemes that both are compatible , and that prerogative is the more subordinate of the two . the kings words also since have beene upon another occasion , that he ever intended his people should enjoy property of good● , and liberty of persons , holding no king so great , as he that was king of a rich and free people : and if they had not property of goods , and liberty of persons , they could bee neither rich nor free . here we see , that the liberty of the subject is a thing which makes a king great ; and that the kings prerogative hath only for its ends to maintaine the peoples liberty . wherefore it is manifest , that in nature there is more favour due to the liberty of the subject , then to the prerogative of the king , since the one is ordained onely for the preservation of the other ; and then to salve these knots , our dispute must be , what prerogative the peoples good and profit will beare , not what liberty the kings absolutenesse or prorogative may admit● and in this dispute it is more just that we appeale to written lawes , than to the breasts of kings themselves . for we know nationall lawes are made by consent of prince and people both , and so cannot bee conceived to be prejudiciall to either side ; but where the meere will of the prince is law , or where some few ministers of his may alleage what they will for law in his behalfe , no mediocrity or justice is to be expected : we all know that no slave or villaine can be subjected to more miserable bondage than to be left meerly to his lords absolute discretion ▪ and we all see that the thraldome of such is most grievous , which have no bounds set to their lord discretion . let us then see what fortescue writes , not regard what court-dependants doe interpret , and his words are , ●ol . . cap. . rex angliae nec per se , nec per suos ministros tollagia subsidia , aut quaevis onera alia impo●it l●gis suis , aut leges corum 〈◊〉 , aut nova condit sine concessione vel asse●su totius regni sui in parliamento suo expresso . these words are full and generall , and plain , and in direct affirmance of the ancient law and usage of england , and it is not sufficient for the kings counsell to say , that these words extend not to ship-money : for if there were any doubt , the interpretation ought rather to favour liberty than prerogative . it is not sufficient for judge iones to say , that it is proprium quarto modo to a king , and an inseparable naturall prerogative of the crowne to raise monies without assent , unlesse he first prove that such prerogative be good and profitable for the people , and such as the people cannot subsist at all without it : nay , such as no nation can subsist without it . this word prerogative hath divers acceptions : sometimes it is taken for the altitude of honour , sometimes for the latitude of power . so we say the prerogative of an emperour is greater than that of a king ; and that of a king greater than that of a duke , or petty poten●ate : and yet of kings we say that the king of denmark hath not so great a prerogative as the king of england , nor the king of england as the king of france , &c. for here though their honour and title be the same , yet their power is not . sometimes prerogative signifies as much as soveraignty ; and in this generall consideration wee say , that all supreame commanders are equall : and that they all have this essential inseparable prerogative , that their power ought to be ample enough for their perfection , and good of the people , and no ampler : because the supreame of all humane lawes is salus populi . so this law all lawes almost stoope ; god dispences with many of his lawes , rather than salus populi shall bee endangered ; and that iron-law , which we call necessity itselfe , is but subservient to this law : for rather then a nation shall perish , any thing shall be held necessary , and legall by necessity : but to come to the prerogative of england , and to spe●ke of it in generall , and comparatively ; we say it is a harmonious composure of policie , scarce to be paralleld in all the world , it is neither so boundlesse as to opresse the people in unjust things , nor so strait as to disable the king in just things ; by the true fundamental constitutions of england , the beame hangs even between the king and the subject : the kings power doth not tread ●nder foot the peoples liberty , nor the peoples liberty the kings power . all other countries almost in christendome , differ from us in this module of policie : some , but very few , allow a greater spheare of soveraignty to their princes ; but for the most part now adayes the world is given to republistes , or to conditionate and restrained forms of government : howsoever we ought not to condemne any nation as unjust herein , though differing from us ; for though they seem perhaps very unpolitick , yet it is hard to be affirmed that god and nature ever ordained the same method of rule , or scope of loyality to all states whatsoever : besides , what dislike soever we take at other regiments , yet except it be in very great excesses or defects , we must not thinke change alwayes necessary , since custome in those great and generall points obtains the force of another nature , & nature is not to be changed . divines of late have beene much to blame here in preaching one universall forme of government , as necessary to all nations , and that not the moderate & equall neither , but such as ascribes all to soveraignty , nothing at all to popular liberty : some lawyers also and statesmen have deserved as ill of late , partly by suggesting that our english laws are too in●urious to our king ; and pa●●ly by informing , that this king is more limited by law then his progenitors were , and that till he be as the king of france is , rex as●●orum , he is but a subject to his subjects , and as a minor under the command of guardians : bnt what hath ensued out of the kings jealously of his subject , and overstraining his prerogative ? nothing but irrepairable losse and mischiefe both to king and commonwealth : and indeed the often and great infections and insurrections which have hapned of late , almost all over europe , may suffice to warn all wise princes , not to over-straine their prerogatives too high ; not to g●ve eare to such counsellors as some of out judges are , who affirme our kings prerogative to be in all points unalterable , and by consequence not depending upon law at all : by another exception of this word prerogative in england , we mean such law here establisht , as gives the king such and such preheminences and priviledges before any subject ; such as are not essentiall to royalty , but may bee annulled by the same power by which they were created . that a king shall defend and maintaine his subjectes , is a duty belonging to the office , not a priviledge belonging to the crowne of a king ; this obligation nature layes upon him , and no other power can dissolve it . also that subjects shall afford aid , and joyne with their princes in common defence , is a duty arising from the allegeance of the people , and not an honor redounding only to the prince ; natures law hath made this a tie , not to be changed or infringed : for that which is annexed by an eternall superiour power cannot be made severable by a temporall humane power : but that such an emperour , king or potentate , shall have such or such aid , and compell it by such or such meanes , at such or such times , as to the particular modes and circumstances of his aid , particular municipall lawes must direct , and these it would bee as dangerous to alter , as it is absurd to hold unalterable . in a parlament held by king james , it was debated , whether or no tenures in capite , and allowance of purveyor● might bee repealed and divided from the crowne , and it was held that by ●o act or statute they could bee taken away , because they were naturally inherent to the crowne . this resolution seemes very strange to me , since the law of tenures and purveyors is not so naturall and essentiall to monarchy , that it cannot ; or may not subsist without it . for if in other countries it be held a meere politicall way , perhaps an inconvenient thing , then why may not the princes royalty , and the peoples safety 〈◊〉 preserved intire without it in england : and if so , then why shall not the same authority have vigor to rep●ale it , which wanted not vigor to info●● it . i cannot conceive that the parliament herein reflected upon what was formall in law to be done , but rather upon what was convenient : such i●signia supremae , majejestatis as these ; i did not hold it fit to be dismembred from the crowne in policy , i onely hold it a thing possible in law , nay though the king enjoyes diverse such like prerogatives more , as i. jones thinkes , then any prince in christendome , yet should not i desire or advise to pl●●●ke away one the least flower out of the regall garland , nor would it be ( perhaps ) profitable for the state , to suffer the least diminution thereof . wee know also , that in england the prerogative hath beene bound in many cases , by statute-law , and restrained of diverse such priviledges , as were not essentiall , but meerely politicall . nullum tempus occurrit regi : this was one of the english royalties , and very beneficiall many wayes , yet wee know this is in diverse cases limited by act of parliament , and that very justly , as i. hutton argues , the great and ancient tax of dangelt , it was a subsidue taken by the kings of england ▪ for the common defence of the kingdo●e , yet this was first released by king stephen , and after abolished for ever by the statutes of edward the first : and there is no reason why an act of parliament should not bee as valid in our case as it was in that . wherefore it is to be admired , that j. iones should account this way of a●d by ship-money , or any other , without publike consent , to bee proprium quarto modo to the kings of england ▪ and since irrepe●lable , since our kings have in all ages done such noble acts without it ; and not onely defended , but also enlarged their dominions . the last kinde of accept●●on of this word prerogative is improper . thus to pardon malefactors , to dispence with penall lawes , to grant non obstantes , to be free from attainders , to call or discontinue , to prorogue or dissolve parliaments , &c. are not truly and properly called prerogatives : these all in some sense may be called munities , or indemnities belonging to the sacred person of the king , as he is inviolable , and subject to no force & compulsion of any other , and as he is the soule of law , in whose power alone it is to execute law , and yet not to be constrained thereto . to grant a pardon for some malefactors for some crimes , may perhaps be as heynous as to commit them ; and that which drawes a guilt upon the king , cannot be said to be his priviledge . if it might be tearmed a royalty , that the king is not questionable , or punishable , or to be forced to such acts as tend to the obstruction of justice , it might as well be so tearmed in acts tending to the transgression of law : for in both he is alike free from any coercive or vindicative force . for it is out of necessity , not honour or benefit , that the king hath a freedome from constraint , or restraint in these cases ; and that this freedome is inseparable , because no force can be used but by superiours or equals , and he which hath either superiours or equall , is no king . if a king should shut up the courts of ordinary justice , & prohibit all pleadings and proceedings betweene man and man , and refuse to authorize judges for the determining of suits , hee would bee held to doe a most unkingly thing : and yet this may be as truly called a prerogative , as to difuse and dissolve parliaments . but it may be objected , that the king , besides such negative priviledge and freedome from force , hath also a positive and siezing subjects lands , &c. in divers cases , as in making bulwarks upon any mans land for common defence , &c. to this it may be answered , that to such power the king is not intituled by his prerogative , nor is it any benefit to him , necessity herein is his only warrant : for either this private inconvenience must happen , or a publike ruine follow ; and in nature the lesse and private evill is to be chosen : and here the party trespassed enjoyes safety by it , and shall after receive satisfaction for his detriment . were there such apparent unavoidable necessity in the ship-scop , that either that course must be taken , or the community inevitably pep●rish , or where the king wholly disinteressed in point of profit , or were there hope of restitution , it could not be without consent , and so not against law . so then , for ought that is yet alleaged , prerogative , except that which is essentiall to all kings , without which they cannot bee kings , is alterable , and it ought to be deducsed out of the written and knowne lawes of the kingdome , and law is not to be inferred out of that ▪ we ought not to presume a prerogative , & thence conclude it a law , but we ought not to cite the law , and thence prove it to be prerogative . to descend then to our owne lawes , yet there our judges vary too . what the common law was in this point is doubted by some ▪ and some say if the common law did allow the king such a prerogative , to lay a generall charge without consent , then statutes cannot alter it . some doe not accept against the force of statute law , but avoid our particular statutes by divers severall evasive answers . some say our great charter was but a grant of the king , extorted by force ; some except against the . of ed. . because there is sal●o in it : some against the . of ed. ● . as made in the kings absence ; some object against the . of ed. . as if it were temporary , and because it is not particularly re●ited in the petition of right : and the common evasion of all beneficiall statutes , & of the petition of right , is , that they binde the king from imposing pecuniary charges for the replenishing of his owne coffers , but not from imposing such personall services , as this ship-scot is , in time of danger and necessity . j. crawly maintaines this ship-scot to be good by prerogative at the common law , and not to be altered by statute . what the common law was , this court can best determine ; but it is obvious to all men , that no prerogative can be at the common law , but it had some beginning , and that must be from either king or subject , or both : and in this , it is not superiour to our statute law , and by consequence not unalterable . the medes and persians had a law , that no law once past , should ever be repealed ; but doubtlesse this law being repealed first , all others might after suffer the same alteration , and it is most absurd to think that this law might not be repealed by the same authority by which it was at first enacted . j. iones sayes , our statutes restraine tollages in generall termes , and cites divers cases , that a speciall interest shall not passe from the king , but in speciall terms : but his cases are put of private grantees , over whom the king ought to retai●e a great preheminence : but the law is , that where the whole state in grantee , that grant shall have the force of a statute , because it is pro bono publico , and because the whole state is in value and dignity as much to be preferred before the king , as the king is before any private grantee . but j. iones sayes further , if generall words shall extend to these extraordinary publike levies , then they may as well extend to his ordinary private rights & intradoes , & so cut off aide pur faire filz chivalier , &c. the contrary hereof is manifest , for the intent of all our statutes is to defend the subject against such publike tollages and impositions , as every man is equally liable to , and as are not due in law otherwise , or recoverable by ordinary action . now these aids , &c. and the kings ordinary revenues and services , are not such as are due from every man , but recoverable by ordinary action . howsoever in all these doubts the law would now be made cleare , and not onely the vertue of statutes in generall , but also the true meaning of our particular charters would be vindicated from these exceptions . i come now to our second difficulty , when a publike charge may be laid . here the favourers of ship-money yet agree , that the king may not charge the subject meerly to fill his owne coffers ; or annually , or when he will invade a forraigne enemy , or when pirates rob , or burn townes and burroughs , for these ordinary defence is sufficient : and when there is imminent and eminent danger of publike invasion , we agree that the subject may be charged . the quaere then is , whether the king bee sole judge of the danger , and of the remedy , or rather whether he be so sole judge , that his meere affirmation and notification of a danger foreseene by him at a distance , or pretended onely to be foreseene , shall be so unquestionable that he may charge the kingdome thereupon at his discretion , though they assent not , nor apprehend the danger as it is forewarned . j. crooke proves the contrary thus : if danger , sayes he , be far distant , if it be in report only of french armadoes , and spanish preparations , &c. though it be certaine , and not pretensive , yet parliamentary aid may be speedy enough : and if it be imminent , then this way of ship-scot will not be speedy enough ; for either the design● is really to have new ships built , and that will require longer time than a parliament ; or else money onely is aimed at , whereby to arme other ships , and for this the law hath provided a more expedite way than by ship-scot , in case of imminent danger . if then the king have power to presse all mens persons and ships , and all are bound exponere se , & sua , and to serve propriis sumpti●us , when imminent danger is , and this defence hath alwayes beene held effectuall enough , it is consequent , that if he be not destitute of competent aid in present distresses , he cannot pretend a greater necessity in dangers more remote , when they are but suspected , or perhaps pretended onely . my lord bramston sayes here , that there is a necessity of preventing a necessity : and that the sea is part of the kingdome , and therefore of necessity to be guarded as the kingdome . the answer is , that the safety of the kingdome does not necessarily depend upon the ship-scot , and so this necessity being removed , the necessity grounded upon this , fals off of it selfe . for if the kingdome may escape ruine at hand when it is a storme , without ship-money , it may much more escape it afar off being but a cloud . but grant the sea to be a part of the kingdome to some purposes , yet how is it a part essentiall , or equally valuable ; or how does it appeare that the fate of the land depends wholly upon the dominion of the sea ? france subsists now without the regiment of the sea , and why may not we as well want the same ? if england quite spend it selfe , and poure out all its treasure to preserve the seigniory of the seas , it is not certaine to exceed the navall force of france , spaine , holland , &c. and if it content if selfe with its ancient strength of shipping , it may remaine as safe as it hath formerly done . nay , i cannot see that either necessity of ruine , or necessity of dishonour can be truly pretended out of this , that france , spaine , holland , &c. are too potent at sea for us . the dominion of the seas may be considered as a meer right , or as an honour , or as a profit to us . as a right , it is a theame fitter for schollers to whet their wits upon , then for christians to fight and spill bloud about : and since it doth not manifestly appeare how or when it was first purchased , or by what law conveyed to us , we take notice of it only as matter of wit and disputation . as it is an honour to be masters of the sea , and to make others strike saile to us as they passe ; it s a glory fitter for women and children to wonder at , then for states-men to contend about . it may bee compared to a chaplet of flowers , not to a diadem of gold : but as it is a profit to us to fence and inclose the sea , that our neighbours ●hall not surprise us unawares ; its matter of moment , yet it concernes us but as it doth other nations : by too insolent contestations hereupon , wee may provoke god , and dishonour our selves : we may more probably incense our friend● , then quell our enemies , we may make the land a slave to the sea , rather than the sea a servant to the land ; but i pray master selden to pardon me for this transition , and i returne my matter ▪ if the kingdome could not possibly subsist without ship-money in such a danger , yet there is no necessity that the king should be so sole judge of that danger , as that he may judge therein contrary to the opinion , and perhaps , knowledge of other men . i allow the king to be supreame , and consequently sole judge in all cases whatsoever , as to the right , and as to the diffusion of judgement ; but as to the exercise and restraint of judgement , he is not , nor ought not to be accounted sole judge . in matters of law the king must create judges , and sweare them to judge uprightly and impartially , and for the sub●ect against himselfe , if law so require , yea , though he be of contrary judgement himselfe , and by his letters sollicite the contrary . the kings power is as the disgestive faculty in nature , all parts of the body contribute heat to it for their owne benefit , that they may receive backe againe from it a better concocted and prepared supply of nourishment , as it is their office to contribute , so it is the stomacks to distribute . and questionlesse sole judgement in matters of state , does no otherwise belong to the king , then in matters of law , or points of theologie . besides as sole judgement is here ascr●bed to the king , he may affirme dangers to be foresee●e when he will , and of what nature he will : if ●e say onely , datum est nobis intelli●i , as he does in his writ , &c. to his sole indisputable judgement it is left to lay charges as often and as great as ●e pleases . and by this meanes if he regard not his word more than his profit , he may in one yeare draine all the kingdome of all its treasure , and leave us the most despicable slaves in the whole world . it is ridiculous also to alleage , as j. iones does , that it is contrary to presumption of law to suspect falsity in the king : for if law presume that the king will not falsly pretend danger to vex his subjects , of his owne meere motion , yet no law , nor reason , nor policy will presume , that the king may not be induced by mis-information to grieve the people without cause . the sunne is not more visible than this truth , our best kings , king charles , king iames , queene elizabeth , and all the whole ascending line , have done undue illegall things sometimes , contrary to the rights and franchises of england , being mis-informed , but having consulted with the judges or states in parliament , they have all retracted and confessed their error . nay , there is nothing more knowne , or universally assented to than this , that kings may be bad ; and it is more probable and naturall , that evill may be expected from good princes , than good from bad . wherefore , since it is all one to the state , whether evill proceed from the king mediately or immediately , out of malice or ignorance : and since wee know that of all kinds of government monarchicall is the worst , when the scepter is wielded by an unjust and unskillfull prince , though it be the best , when such princes as are not seduceable ( a thing most rate ) reigne , it will be great discretion in us not to desert our right in those lawes which regulate and confine monarchie , meerly out of law-presumption ; if we must presume well of our princes , to what purpose are lawes made : and if lawes are frustrate and absurd , where in doe we differ in condition from the most abject of all bond-slaves ? there is no tyranny more abhorred than that which hath a controlling power over all law , and knowes no bounds but its owne will : if this be not the utmost of tyranny , the turks are not more servile than we are : and if this be tyranny , this invention of ship-money makes us as servile as the turks . we must of necessity admit , that our princes are not to be mis-led , and then our lawes are needlesse ; or that they may be misse-led , and then our lawes are uselesse . for if they will listen to ill councell , they may bee mooved to pretend danger causlesly ; and by this pretence defeate all our lawes and liberties , and those being defeated , what doth the english holde , but at the kings meere discretion , wherein doth the excell the captives condition ? if wee shall examine why the mahometan slaues are more miserably treated , then the germans , or why the french pesants are so beggerly , wretched , and bestially used more then the hollanders , or why the people of millaine , naples , sicily are more oppressed , trampled upon , and inthralled then the natives of spayne ? there is no other reason will appeare but that they are subject to more immoderate power , and have lesse benefit of law to releeve them . in nature there is no reason , why the meanest wretches should not enjoy freedome , and demand justice in as ample measure , as those whom law hath provided for : or why lords which are above law should bee more cruell then those which are more conditionate : yet wee see it is a fatal kind of necessity onely incident to immoderate power , that it must bee immoderately used : and certainly this was well knowne to our incestors , or else they would not have purchased their charters of freedome with so great an expence of blood as they did , and have endured so much so many yeeres rather then to bee betrayd to immoderate power , and prerogative : let us therefore not bee too carelesse of that , which they were so jealous of , but let us look narrowly into the true consequence of this ship-scot , whatsoever the face of it appeare to bee . it is vaine to stop twenty leakes in a ship , and then to leave one open , or to make lawes for the restraynt of loyalty all other wayes , that it may not overflow the estates of the comminalty at pleasure , and yet to leave one great breach for its irruption . all our kings hitherto have beene so circumscribed by law , that they could not command the goods of their subjects at pleasure without common consent : but now if the king be but perswaded to pretend danger , hee is uncontroleable master of all wee have , one datum est intelligi , shal make our english statutes like the politicke hedge of go●e●ham , and no better : i doe not say that this king will falsifie , it is enough that wee all , and all that wee have are at his discretion if hee will falsifie ; though vast power bee not abused , yet it is a great mischiefe that it may , and therefore vast power it selfe is justly odious , for divers reasons . first , because it may fall into the hands of ill disposed princes , such as were k. iohn , henry the third , edward the second , richard the second . these all in their times made england miserable , and certainely had their power beene more unconsineable they had made it more miserable . the alterations of times doe not depend upon the alteration of the people , but of princes : when princes are good it fares wel with the people when bad ill . princes often vary , but the people is alwaies the same in all ages , an● capable of smal , or no variations : if princes would endure to heare this trueth it would bee profitable for them , for flatterers alwaies rayse jealousies against the people ; but the trueth is , the people as the sea , have no turbulent motion of their owne , if princes like the windes doe not raise them into rage . secondly , vast power if it finde not bad princes it often makes princes bad : it hath often charged princes , as it did nero from good to bad , from bad to worse : but vespasian is the onely noted man which by the empire was in melius mutatus : daily experience teaches this . dangelt in england within . yeares increased unto a four-fold proportion . subsidies were in former times seldome granted , and few at a time , now parliaments are helde by some to be of no other use then to grant them . the fox , in esop , observed that of all the beasts which had gone to visite the lyon , few of their foot-steps were to be seene retrorsum , they were all printed adversum . and we find at this day , that it is farre more easie for a king to gaine undue things from the people , then it is for the people to re-gaine its due from a king : this king hath larger dominions , and hath raigned yet fewer years , and enjoyed qu●●ter times then queene elizabeth : and yet his taxations hath beene farre greater , and his exploits lesse honourable , and the yet people is still helde in more jealousie . to deny shippe-mony which sweeps all , is ●eld and accounted a rejection of naturall allegiance . i speake not this to render odious the kings blessed government , god forbid , i hold him one of the mildest , and most gracious of our kings : and i instance in him the rather , that we may see , what a bewitching thing flattery is , when it touches uppon this string of unlimitable power : if this ambition and desire of vast power were not the most naturall , and forcible of all sinnes , angels in heaven , and man in paradize had not falne by it ; but since it is , princes themselves ought to be the more cautious and cautilous of it . thirdly , vast power if it neither find nor make bad princes , yet it makes the good governement of good princes the lesse pleasing , and the lesse effectuall , for the common and publicke good : and therefore it is a rule both in law , and policy , and nature , non recurrendum est ad extraordinaria , in jis quae fieri possunt perordinaria : all extraordinary aides are horrid to the people , but most especially such as the ship-scot is , whereby all liberty is over-throwne , and all law subjected unto the kings meer discretion . queene elizabeth in eighty eight was victorious without this taxation , and i am fully perswaded she was therefore victorious the rather , because she used it not . her arte was to account her subjects hearts as her unfailing exchequer , and to purchase them by doing legall just things , and this arte never failed nor deceived her , and in that dismall gust of danger , it was good for her and the whole state , both that she did not relye upon forced aides of money , or the swords of grieved souldiers ; for this ship-money , nothing can be pretended but necessity , and certainly necessity is ill pretended ; when the meere doing of the thing , is as dangerous as that for which it is done : did not this ship-scot over-throw all p●polar liberty , and so threaten as great a mischiefe as any conquest can ? and were not the people justly averse from it ? yet meerly for the peoples 〈◊〉 to it , it is dangerous to be relied upon in case of great danger . wee know nature teacheth us all , of two evils to chuse that which wee thinke the least , though it bee not so ; therefore if the people apprehend this remedy as a thing worse then the disease , though they be mistaken therein , yet that very mistake may proove fatall . the roman army beeing harshly treated by the senators , and their proud generall , did refuse to charge upon the enemy , or to resist the charge of the enemy , they chose rather to be slaughtered by strangers , then enthralled by their country-men . the english also in the late scotsh invasion , by reason of this and many other causes of discontent , made so ●aint resistance , that they did almost in a manner confesse , that they held themselves as miserable already , as the scots could make them . thus wee see there is no necessity of levying ship-money , there is rather necessity of repealing it : and we see that presumption of law doth no●●bet this necessity , but rather crosse it . and whereas i. iones further saith , that the kings majesty hath no benefit by ship-money , and therefore presumption is the str●nger , that the king will not take it causelesly . we may answere : the ship mony is a ●ery great benefit unto the king : for i● not immediatly , yet 〈◊〉 it is become a revenew , inasmuch as by this 〈◊〉 al other re●enues of the crowne , nay ▪ and tunnage and 〈◊〉 , which were not designed only for ordinary expences , but for extraordinary imployments , and publicke charges also , are now become d●scharged of that tie , and the common-wealth hath quite lest all its intrest and property in them . in point of benefit therefore it is all one to the kings majesty , and in point of burthen , it is all one to the subject , whether ship-money be acc●unted of as part of the kings annuall rents , or no , since by it his rents are enlarged : and as to the subject there is no obligation , that this 〈◊〉 shal not hereafter incorporate with the rest of the kings majesties intradoe● , and be swallowed up as tunnage and poundage now are . thus we see what the necessity is , and presumption of law , which was so much insisted uppon ; and yet for a further confutation of both , time , the mother of truth , hath now given us more light now that great danger which was pretended so many yeares together for the necessity of raysing so great supplies of treasure , is a small cloud blown over , making it apparant that kings may bee mis informed ; and by mis information take mole-hils for mountaines , and cast heavie burthen● upon their subjects . but i come now to my third d●fficulty , how a publick charge is to be laid upon the kingdome . the law runs generally , that in england no tollage or pecuniary charge may bee imposed forsque per common assent de tout la realme , or si non per common consent de parliement . some presidents , or matters of fact appeare , wherein some kings have divers times invaded this right of the subject , but upon conference had with the iudges , or petition in parliament , redresse was ever made , and the subjects right re-established . all the colour which can be brought to answer the law in our case , is , that the words of the law are generall taxes and tollages , but doe not by special mention restrain extraordinary impositions , in time of extraordinary danger . but wee know the petition of right , . car. is grounded upon former statutes , and recites divers of them , and is a cleare affirmance of the common right of england ; and yet by that the commissions for loanes were damned : and it is evident that those loanes were demanded for the generall defence of the kingdome in time of imminent danger ; and by the same statute , not onely loanes , but all other levies of money upon what pretence of danger soever , si non per common consent , are condemned as illegall , and contrary to the lawes and rights of england . two things therefore are objected against parliaments : first , that they are of slow motion , and so most of the iudges alledge . secondly , that they may be perverse , and refuse due aid to the king , and so i. crawley boldly suggests . for answere wee say in generall : first , that it is the wisdome of kings to bee alwayes vigilant , and to have their eyes so open upon forraigne princes , and to maintaine such intelligence that no preparation from abroade may surprize them before recourse had to parliament ; and this is very easie to insular princes , who have a competent strength of shipping , secondly , to have alwayes in readinesse against all sudden surprizes , a sufficient store of ammunition and arms both for sea and land-service : and the revenues of the crowne of england are sufficient for this purpose , and have beene held more then sufficient in former times , when hostility was greater , and the kingdome smaller . thirdly , to seeke advise and assistance from parliaments , frequently in times of quiet , as well as of danger , as well when warre is b●t smoaking , or kindling , as when it is blown into a flame . before the conquest this was held policie , and since in edward the thirds time , a statute past to this purpose ; and if parliaments of late bee growne into dislike , it is not because their vertue is decaid , it is because the corruption of the times cannot endure such sharpe remedies . fourthly , to speake particularly of this case of ship-money , wee say that it is a course more slow then by parliament : there was more expedition used in parliament to supply king ch●rles , since hee came to the crowne , then can this way . and wee say moreover , that as the extremity of the kingdome was when ship-money was demanded , whatsoever was pretended to the contrary , a parliament might have beene timely enough called , and seasonably enough supplied the king . as to the second objection of i. crawly , too unfit to come out of any honest wise mans mouth , but much more for a iudges , iudge crooke replies , that as there is nullum iniquum in lege , so neither in parliamento . the three noted factions which are adverse to parliaments , are the papists , the prelates , and court parasites ; and these may bee therefore supposed to hate parliaments , because they knowe themselves hatefull to parliaments . it is scarse possible for the king to finde out any other that thinkes ill of parliaments , or is ill thought of by parliaments . of papists little neede to bee said , their enmity is confest , they have little to pretend for themselves , but that parliaments are growne puritannicall . the prelates thinke themselves not to have jurisdiction and power enough ▪ and they knowe that parliaments thinke they have too much , and abuse that which they have much more : therefore to uphold themselves , and to crush their ill-willers , they not only tax parliaments of puritanisme , but all puritans of sedition : as much as in them lies , they wed the king to their quarrell , perswading him that parliaments out of puritanisme , do not so much aime at the fall of episcopacie , as monarchy , and that episcopacie is the support of monarchy , so that both must stand and fall together . howbeit because they cannot upbraide parliaments of attempting any thing against monarchy further then to mainetaine due liberty , therefore they preach an unlimitable prerogative , and condemne all law of liberty as injurious to kings and incompatible with monarchy . m●n●arring denies parliamentary power and honour , c●well denies propriety of goods , further then it the kings discretion , and harrison accuses iudge hutton of delivering law against g●ds law , in the case of ship-money . and the common court doctrine is , that kings are boundlesse in authority , and that they onely are cesars friends which justifie that doctrine ; and from this doctrine hath growne all the jealousies of late betweene the king and his best subjects ; and this is that venemous matter which hath laien burning , and ulcerating inwardly in the bowels of the common-wealth so long . the other enemies of parliaments , are court dependants , and projectors , which have taken advantage of this unnaturall dissention betwixt the king and his subjects ; and have found out meanes to live upon the spoile of both , by siding with the king , and beeing instruments to extend his prerogative to the purchasing of preferment to themselves , disaffection to the king , and vexation to the common-wealth . these three factions excepted , and some few courtiers which are carryed with the current of example , or are left to speake unpleasing trueths , there is scarce any man in all the kings dominions , which doth not wish for parliaments , as the states best physick , nay almost as its naturall necessary food : but i will instance in three things wherein parliaments excell all other councells whatsoever . . for wisedome , no advice can bee given so prudent , so profound , so universally comprehending , from any other author ; it is truely sayd by sir robert cotten , that all private single persons may deceive and bee deceived ; but all cannot deceive one , nor one all . that an inconsiderable number of privadoes should see or knowe more then whole kingdomes , is incredible : v●x populi was ever reverenced as vox dei , and parliaments are infallble , and their acts indisputable to all but parliaments . it is a just law , that no private man must bee wiser then law publickly made . our wis●st kings in england , have ever most relied upon the wisedome of parliaments . secondly , no advice can bee so faithfull , so loyall , so religious and sincere , as that which proceeds from parliaments , where so many are gathered together for gods service i● such a devout manner , we cannot but expect that g●d should bee amongst them : and as they have a more especiall blessing promised them ; so their ends cannot bee so sinister : private men may thrive by alterations : and common calamities , but the common body can effect nothing but the common good , because nothing else can bee commodious for them . sir robert cotton in the life of henry the third , according to the court doctrine at this present , saies , that in parliament kings are ever lesse then they should be , and the people more . if this bee spoken of irregular kings , which will endure to heare of nothing but prerogative government , it may cary some semblance of trueth : but sure i● is , good and wise kings are ever greatest when they sit immured , as it were , in that honourable assembly : as the historie of queene elizabeth and many of her progenitors testifies . t is true , k. henry the third , met with divers oppositions in parliament : hee was there upbrayded , and called dilapidator regni ; it was true that hee was ●o , and the most unworthy of rule that ever sate sate in this throne ; yet those words became not subjects : i doe not just●fie , but in some part extenuate such misdemeanors ; for the chiefe blame of those times is not to bee throwne upon the 〈◊〉 and commons , but upon the king and his out-landi●● parasites . it is without all question also that in those bloudy unjust ●imes , had it not beene for frequent parliaments , and that soveraigne remedy which thereby was applyed to the bleeding wounds of the kingdome , no other helpe could have stanched them . even then , when parliaments were most prevalent , and when they had so much provocation from so variable an uncapable a prince , they did not seeke to conditionate prerogative , or to depresse monarchy for the future , though they were a little to injurious to him in person for the present . since that time also many parliaments h●ve had to struggle for due liberty with insolent princes , and have had power to clip the wings of royalty ; and the custome of all europe almost besides hath seemed to give such countenance to such attempts ; but the deepe wisedome , & inviolable loyalty of parliaments to this composure of governement hath bin such , that they never made any invasion upon it . as it was in all former ages , so it now remaines intire with all its glorious ensignes of honour , and all the complements of power ; and may hee be as odious which seekes too alter or diminish monarchicall governement for the future , as he which seekes to make it infinite , and slanders parliaments as enemies to it , or endeavors to blow such jealousies into the kings eares . . no advice can bee so sit , so forcible , so effectuall for the publicke welfare , as that which is given in parliament : if any cabinet counsellours could give as wise sincere advice as parliaments , yet it could not bee so profitable , because the hearts of the people doe not goe along with any other , as with that . that king which is potent in parliament , as any good king may , is as it were so inskonsed in the hearts of his subjects , that he is almost beyond the trayns or aimes of treason and rebellion at home , nay forraign hostility cannot pei●ce him , but through the sides of all his people . it ought to bee noted also , that the english have ever beene the most devoted servants coequall , sweetly-moderate soveraignty ; so in our english parliaments , where the nobility is not too prevalent , as in denmark , nor the comminalty , as in the netherlands , nor the king , as in france , iustice and policie kisse and embrace more lovingly then elsewhere . and as all the three states have alwayes more harmoniously born their just proportionable parts in england then elsewhere , so now in these times , in these learned , knowing , religious times , we may expect more blessed counsell from parliaments then ever we received heretofore . may it therefore sinke into the heart of our king to adhere to parliaments , and to abhorre the grosse delusive suggestions of such as disparage that kinde of councell . may lie rather con●ide in that community which can have no other end but their owne happinesse in his greatnesse , thè● in papists , prelates , and projectors , to whom the publick disunion is advantagious . may he affect that gentle prerogative which stands with the happinesse , freedome , and riches of his people , and 〈◊〉 that terrible scopter which does as much avert the hearts , as it doth deb●lita●e the hands , and exhaust the purses of his subjects . may he at last learnd by 〈◊〉 ; that the grievance of all 〈◊〉 , that that mischiefe which makes all mischiefes 〈◊〉 , and almost hopelesse in england at this day , is that parliaments are clouded , and disused , and suffered to be 〈◊〉 by the ill boding incendi●ries of our state . may it lustly enter into his beleefe , that it is impossible for any kingdome to deny publicke assent for their 〈…〉 when publicke danger is 〈…〉 , and when it is fairely required , and not by projects extorted : that no nation can unnaturally seeke its owne 〈…〉 may make their subjects purses their owne private coffers , if they will demand due things , at due times , and by due meanes . . i come now to the last difficulty , about the condition and nature of such aydes as are due by law from the subject to the king , though much have beene argued both at the barre and on the bench , for the king , that he may raise moneyes from his subjects , without consent by law , prerogative , and necessity . yet at last , because the petition of right absolutely crosses this tenet , it is restored to us backe againe , and yeelded , that the king may not impose a pecuniary charge by way of tollage , but onely a personall one by way of service . and now all our controversie ends in this , that we must contest , whether the ship-scot be a ●ecuniary , or a personall charge : for though the intent of the writ , and the office of the sh●●iffe be to raise moneyes onely , yet the words of the writ , and the pretence of state , is to build and prepare ships of warre . the kingdome generally takes this to be a 〈◊〉 delusion and imposture , and doubtlesse it is but a pick lock tricke , to overthrow all liberty and propriety of goods , and it is a great shame that so many judges should be abetters to such fraudulent practice contrived against the state . it is not lawfull for the king to demand moneyes as moneyes , but it is lawfull to demand moneyes under another wrong name , and under this wrong name all former lawes and liberties shall be as absolutely cancelled , as if they had beene meere cobwebs , or enacted onely out of meere derision . if former lawes made to guard propriety of goods were just , and grounded upon good reason , why are they by this grosse fallacie , or childish abuse defeated . if they were not just , or reasonable , what needes such a fond subtiltie as this ? why should they not be fairely avoided by law ? why were they made at all ? but be this invention what it will , yet we see it is new ; if it be quashed , the state is but where it was , we are still as our ancestors left us ; and since our preceeding kings never heretofore put it in use in the most necessitous calamitous times , we may from hence infer●e , that the plea of state necessity falls off of it selfe ; if we admit not of this innovation , then the state suffers not ; but if we admit it , no necessity being of it , we can frame no other reason for our so doing , but that our former franchises and priviledges were unjust , and therefore this way they must be annulled . some of our judges doe prove , that if this were a personall service , yet it were void ; and they cite the case of barges , and ballingers vessells , built truly for warre in time of imminent danger , and yet these charges upon complaint made by the subject , were revoked , and disclaimed . but here in this case many other enormities and defects in law lare , for if ships be intended to be built in inland countries , a thing impossible is injoyned ; and if moneyes be aimed at , that very ayme is against law : and if the kingdome were to be disfranchised , it were not to be done by all illegall way . besides , in the writ , in the assessement , in the sheriffes remedy against recusants of it , in the execution of law , by , or after judgment , many inconveniences , errors , and mischiefes arise many wayes : and sure take the whole case as it is , and since the creation no whole kingdome was ever cast in such a cause before . besides , though the iudges ought wholly to have be●● themselves upon this , to have proved this a personall service , and no pecuniary charge , they have roved after necessity , presumption of law , and prerogative , and fearce said any thing at all hereof . my lord brainston argues very eagerly , that personall services by sea and land are due to the king in cases of extremity , and all their records , case , and presidents prove no more , and that men may be arrayed , and ships pressed , and that sumptibus populi ; but there is nothing proved that the meere raising of moneyes in this case , is a personall service . i. iones indeed argues to this purpose : if the law intrust the king with so great a power over mens persons , why not over their estates ? there is cleare reason for the contrary : because the king , if he should abuse mens personall aides , could not inrich or profit himselfe thereby , and we know it is gaine and profit , it is auri sacra fames which hath power over the breasts of men . it is not ordinary for tyrants to imbattaile hoasts of men , and make them charge upon the sea-billowes , and then to gather up cockles and piwinckle shells in lieu of spoile , as one did once : but the world abounds with stories of such princes , as have offended in abusing their power over mens estates , and have violated all right divine and humane , to attaine to such a boundlesse power . good kings are sometimes weake in coveting boundlesse power ; some affect rivality with god himselfe in power , and yet places that power in doing evill , not good : for few kings want power to doe good , and therefore it misbecomes not sometimes good subjects to be jealous in some things of good kings . but j. iones farther sayes , that ships must be built , and without money that cannot be done : ergo . this necessity hath beene answered , and disproved already : and i now adde , that for the good of the kingdome there is more necessity that ship-money be damned then maintained . such unnaturall slavery seems to mee to be attendant upon this all-devouring project , and such in●amy to our ancestors , our lawes , and our selves , nay , and such danger to the king and his posterity , that i cannot imagine how any forraigne conquest should induce any thing more to be detested and abhorred . those kings which have beene most covetous of unconfined immoderate power , have beene the weakest in judgment , and commonly their lives have beene poore and toylsome , and their ends miserable , and violent : so that if kings did rightly understand their owne good , none would more shunne uncontrollable absolutenesse then themselves . how is the king of france happy in his great prerogative ? or in that terrible stile of the king of asses ? ●ee see that his immoderate power makes him oppresse his poore pesants , for their condition is most deplorable , and yet set his power aside , and there is no reason why he should not be as a father to cherish them , as a god to comfort them , not as an enemy to impoverish them , as a tormentor to afflict them . . his oppression makes him culpable before god : he must one day render a sad account for all the evill which he hath imposed , for all the good which he hath not procured to them . that the vicegerent of god should doe the office of a tyrant , will be no light thing one day . . his sinne makes him poore : for were his pesants suffered to get wealth and enjoy it , the whole land would be his treasury , and that treasury would containe twice as much as now it doth . . his poverty makes him impotent , for money being the sinewes of warre , how strong would his joynts be , if all his subjects were abounding in money , as doubtlesse they would , if they wanted not liberty , and propriety ? besides , poverty depresses the spirit of a nation : and were the king of france , king of an infantery , as he is onely of a cavalrie , were he a king of men , as he is onely of beasts , had he a power over hearts as he hath over hands , that country would be twice as puissant as it is . . his impotence , together with all other irregularities , and abuses is like to make his monarchy the lesse durable . civill wars have ever hitherto infected and macerated that goodly countrey , and many times it hath been near it's ruine : it now enjoyes inward peace , but it doth no great exploits abroad , nor is ever likely to doe , unlesse by practising upon the distemper of other nations : should some other prince practise in the like manner upon that , and propose liberty to the grieved people , much advantage might be taken : but these avisoes would better proceed from that most heroick , most terrible , most armipatent churchman , which effects such great wonders here : wee see hence that princes by some gaine lose , as the whole body pines by the swelling of the spleene : we see that reh●●oam catcht an immoderate power , as the dog in the fable at a shadow , but in stead of an uncertain nothing , he let fall and lost a certaine substance ; and yet flatterers have scarce any other bai●e then this shadow of immoderate power , whereby to poison the phantasies of weake humours , undiscerning rash princes . my humble motion therefore is : first , that the judgement given in the chequ●r chamber for ship-money , may bee reversed , and damned , as contrary to the right of the subject . secondly , that those iudges which adhered to equity and integrity in this case , might have some honourable guerdon designed them . thirdly , that some dishonourable penalty may bee imposed upon those iudges which ill advised the king herein , and then argued as pleaders , not as iudges ; especially if any shall appeare to have solicited the betraying of the kingdome . fourthly , that the meaning of our lawes & charters , may bee fully and expresly declared , and the force and vertue of statutes and publicke grants , may be vindicated from all such exceptions and objections as have beene particularly or generally made against them . fifthly , that a clearer solution may be given in the foure maine points stirred , how farre prerogative is arbitrary and above law ; and how farre naturall allegeance bindes to yeeld to all demands not of parliament : next , how the king is sole judge of danger , as that his meere cognizance thereof shall be sufficient , though there be no appearance or probability thereof . next , how a necessity of publicke ●●ine must be concluded now , if ship-money be not levied , when no such ruine hath been formerly , when this new plot was not devised . lastly , how this ship-scot pretending ships , but intending money , and really raising the same , can be said to be no pecuniary tollage within our statutes , but a meere personall service . sixthly , that any officers , or ministers of state , which shall attempt to lay the like taxes hereafter upon the subject , by vertue of the like void warrants , may be held and taken as felons , or traytors , or forcible intruders . seventhly , that something may be inacted against forraigne and domesticall forces also , if they shall be congregated for the like purposes ; and that the subject may be inabled by some fit and timely remedy to be given against a military kinde of government . eighthly , that the due way of publicke defence , in case of imminent and eminent danger , or actuall necessary warre , for the pressing of men , and other charges of warre , such as cote and conduct money , and all doubts thereabouts , may be made more certaine and settled for the time to come . ninthly , that if the kings ordinary 〈◊〉 now taken for the crowne , be not sufficient to maintaine him , as our great master , some legall order may be taken therefore , and that he may be sensible of his subjects loyalty , and his subjects live safe under him , that his enemies may finde him considerable , and his true friends usefull . finis . notes, typically marginal, from the original text notes for div a e- . the kings cabinet opened: or, certain packets of secret letters & papers, written with the kings own hand, and taken in his cabinet at nasby-field, june . by victorious sr. thomas fairfax; wherein many mysteries of state, tending to the justification of that cause, for which sir thomas fairfax joyned battell that memorable day are clearly laid open; together, with some annotations thereupon. published by speciall order of the parliament· england and wales. sovereign ( - : charles i) this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing c ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing c estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the kings cabinet opened: or, certain packets of secret letters & papers, written with the kings own hand, and taken in his cabinet at nasby-field, june . by victorious sr. thomas fairfax; wherein many mysteries of state, tending to the justification of that cause, for which sir thomas fairfax joyned battell that memorable day are clearly laid open; together, with some annotations thereupon. published by speciall order of the parliament· england and wales. sovereign ( - : charles i) parker, henry, - . sadler, john, - . may, thomas, - . [ ], , [ ] p. printed for robert bostock, dwelling in pauls church-yard, at the signe of the kings-head, london : . edited by henry parker, john sadler and thomas may--mcalpin catalogue, union theological seminary. the first leaf is blank. with a final errata leaf. text in several states: ( ) each of the king's letters is assigned a roman numeral; ( ) quire e has some letters with roman numerals (the first letter in quire e is numbered xxiii, the second letter is unnumbered, and the third letter is numbered xxiiii); ( ) the letters are not numbered with roman numerals; ( ) cypher codes in small arabic numbers appear frequently throughout (cf. p. which has cypher numbers , , , ); ( ) cypher codes have been removed almost entirely (cf. p. which lacks these numbers). annotation on thomason copy: after 'some annotations thereupon': "by hen: parker esq"; "july th". reproduction of the original in the henry e. huntington library and art gallery. eng charles -- i, -- king of england, - -- early works to . great britain -- history -- civil war, - -- early works to . a r (wing c ). civilwar no the kings cabinet opened: or, certain packets of secret letters & papers, written with the kings own hand, and taken in his cabinet at nasby england and wales. sovereign d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion the kings cabinet opened : or , certain packets of secret letters & papers , written with the kings own hand , and taken in his cabinet at nasby-field , june . . by victorious sr. thomas fairfax ; wherein many mysteries of state , tending to the justification of that cause , for which sir thomas fairfax joyned battell that memorable day are clearly laid open ; together , with some annotations thereupon . published by speciall order of the parliament . london , printed for robert bostock , dwelling in pauls church-yard , at the signe of the kings-head , . it were a great sin against the mercies of god , to conceale those evidences of truth , which hee so graciously ( and almost miraculously ) by surprizall of these papers , hath put into our hands ; nor dare we smother this light under a bushell , but freely hold it out to our seduced brethren , ( for so in the spirit of meeknesse labouring to reclaim them , we still speak ) that they may see their errors , and return into the right way : for those that wilfully deviate , and make it their profession to oppose the truth , we think it below us , to revile them with opprobrious language , remembring the apostle st. jude , and that example which he gives us in his epistle . they may see here in his privat letters what affection the king beares to his people , what language and titles he bestowes upon his great councell ▪ which we return not again , but consider with sorrow , that it comes from a prince seduced out of his proper sphear ; one that has left that seat in which he ought , and hath bound himselfe to sit , to sit ( as the psalmist speaks ) in the chair of the scornfull ; & to the ruine ( almost ) of three kingdoms , hath walked in the counsels of the ungodly ; and though in our tenents we annex no infallibity to the seat of a king in parliament , as the romanists do to the papall chaire , ( since all men are subject to errour ) yet we dare boldly say , that no english king did ever from that place , speak ●…estruction to his people , but safety and honour ; nor any that abhorred that seat and councell , but did the contrary . therefore , reader , to come now to the present businesse of these letters ; thou art either a friend or enemy to our cause : if thou art well affected to that cause o●… liberty & religion , which the two parliaments of england and sco●…land now maintain against a combination of all the papists in europe almost , especially the bloody tygers of ireland , and some of the prelaticall and court faction in england : thou wilt be abundantly sati●…fied with these letters here printed , and take notice therefrom , 〈◊〉 the court has been caiolde , ( that 's the new authentick word now amo●…gst our cabalisticall adversaries ) by the papists , and we the more beleeving sort of protestants , by the court . 〈◊〉 thou art an en●…my to parliaments and re●…ormation , a●…d made willfull in thy enmity beyond the help of miracle●… , or such revelations as these are , then t is to be expected , that thou wilt either deny these papers to have b●…en written by the kings own hand , or else that we make just constructions and inferences out of them : or lastly , thou wilt deny , though they be the king●… own , and beare such a sense as we understand them in , yet that they are blameable , or unjustifiable against such rebels as we are . as to the first , know that the parliament was never yet guil●…y of such forgery , the king yet in all the letters of his , which have been hitherto intercepted , never objected any such thing , and we dare appeale to his own conscience now , knowing that he cannot disavow either his own hand writing , or the matters themselves here written . all the ciphers , letters , all circumstances of time , and fa●…t , and the very hand by which they are ●…igned ( so generally known and now exposed to the view of all ) will averre for us , that no such forgery could be possible . as to our comments and annotations , if there be not perspicuity and mode●…y in them , there is no common justice nor place for credit left amongst mankind : but indeed most of the main circumstances want no illustration at all to the most vulgar capacities : and therefore we affirm nothing necessary to be beleeved , but what the printed papers will themselves utter in their own language : and yet for that which is not so clearly w●…rranted here , we have other papers for thei●… warrant , were they not too numerous , and vast , and too much intermixed with other m●…tter of no pertinence for publication at this time . touching the last objection , if thou art a perfect malignant , and dost not stick to deny , that there is any thing in these letters unbeseeming a prince , who professes himself defender of the true faith , a tender father of his countrey , and has been so sanctimoniously ingaged with frequent , speciall vowes of affection , candour , sincerity , and constancie to his ●…articular protestant subjects of england and scotland : then know , that thou art scarce worthy of any reply , or satisfaction in this point . our cause is now the same as it was when the king first took up armes , 〈◊〉 as it was when the king made most of these oathes and professions . our three propositions concerning the abolition of episcopacy , the setling the militia of the three kingdomes in good hands , by advice of parliament , the vindication of the irish rebels , being all our main demands at the treaty in february last , and no other then the propositions sent in june . before 〈◊〉 stroke struck , will beare us witnesse that we have rather straitned then enlarged our complaints . but were our cause altered , as it is not ; or were we worse rebels then formerly , as none can affirm which takes notice of our late sufferings , and our strange pa●…ience even now after the discovery of these paper●… , and our late extraordinary success ▪ in the field , yet still this clandestine proceeding against us here , and condemning all that are in any degree protestants at oxford ; as also granting a toleration of idolatry to papists , indemnity to the murtherous irish , in a close trading way for meer particular advantage , cannot be defended by any , but by the falsest of men , papists ; or the falsest of papists , jesuits . hitherto the english have had commission to chastise the irish , the irish have had the like to chastise the english , both have spilt each others blood by the kings warrant ; yet as both have been in part owned , so both have been in part disowned , and the king himselfe has not appeared with an open face in the busines , but now by gods good providence the traverse curtain is drawn , and the king writing to ormond , and the queen , what they must not disclose , is presented upon the stage . god grant that the drawing of this curtain may bee as fatall to popery , and all antichristian heresie here now , as the rending of the vaile was to the jewish ceremonies in iudea , at the expiration of our saviour . . oxford ian. . deare heart , since my last , which was by talbot , the scots commissioners have sent to desire me to send a commission to the generall assembly in edinburgh , which i am resolved not to do ; but to the end of making some use of this occasion , by sending an honest man to london , and that i may have the more time for the making a handsome negative , i have demanded a passeport for philip warwick , by whom to return my answer . i forgot in my former to tell thee , that lentall the speaker brags , that cardinall maz●…rin keeps a strict intelligence with him ; though i will not sweare that lentall sayes true , i am sure it is fit for thee to know . as for sabrian , i am confident that either he or his instructions are not right for him who is eternally thine . even now i am advertised from london , that there are three or four lords , and eight commons ( besides four scotch commissioners ) appointed to treat , and they have named uxbridge for the place , though not yet the particular persons . i am likewise newly advertised that general goring prospers wel where he is , and since munday last hath taken . of the rebels horse : and upon his advance they have quitted peterfield and coudry . postscript . the setling of religion , and the militia , are the first to be treated on : and bee confident , that i will neither quit episcopacy , nor that sword which god hath given into my hands . . copie to my wife . jan. . by p. a. this is a true copie , examined by edm. prideaux . . oxford , sunday . march . deare heart , since my last ( which was but . dayes a go ) there are no alterations hapned of moment , preparations rather then actions being yet our chiefest businesse , in which we hope that we proceed faster then the rebels , whose levies both of men and money ( for certain ) goes on very slowly ; and i beleeve , they are much weaker then is thought , even here at oxford . for instance , a very honest servant of mine , and no fool , shewed me a proposition from one of the mo●…t considerable london rebels , who will not let his name be known untill he have hope that his proposition will take effect ; it is this , that since the treaty is so broken off , that neither the rebels nor i can resume it without at least a seeming totall yeelding to the other . the treaty should be renewed upon thy motion , with a pre-assurance that the rebels will submit to reason . the answer that i permitted my ●…ervant to give , was , that thou art the much 〈◊〉 person to be the means of so happy & glorious a work as is the peace of this kingdom ; but that upon no terms thy name was to be prophaned , therefore he was to be satisfied of the rebels willingnesse to yeeld to reason , before he would consent that any such intimation should be made to thee , and particularly concerning religion and the militia , that nothing must be insisted upon but according to my former offers . this i beleeve will come to nothing , yet i cannot but advertise thee of any thing that comes to my knowledge of this consequence . i must again tell thee , that most assuredly france will bee the best way for transportation of the d. of lorraines army , there being divers fit and safe places of landing for them upon the western coasts , besides the ports under my obedience , as shelsey neer chichester and others , of which i will advertise thee when the time comes . by my next i think to tell thee when i shall march into the field , for which money is now his greatest want ( i need say no more ) who is eternally thine , . . to my wife . march . . by petit. this is a true copie examined by edmond prideaux . . oxford thursday . march . dear heart , i wrote to thee yesterday by sakefield , the subject of it was onely kindnesse to thee ; which , i assure thee shall ever be visible in all my actions : and now i come to jermins account , given me by thy command , which is very cleare , hopefull in most particulars , and absolutely satisfactory as concerning thy care & industry . as for the main impediment in the d. of lorrains businesse ( which is his passage ) why may thou not procure him passage through france ? ( if that of holland be stuck at ) it will much secure and facilitate the sea transportation in respect of landing on the western coast , which i beleeve will be found the best , there being not so many places to chuse on , anywhere else . but this an opinion , not a direction . the generall face of my affairs me thinks begins to mend , the dissensions at london rather increasing then ceasing , montrosse daily prospering , my western businesse mending 〈◊〉 , and hopefull in all the rest . so that if i had reasonable 〈◊〉 of money and powder ( not to exclude any other , ) i am confident to be in a better condition this yeare , then i have been since this rebellion began , and possibly i may put faire for the whole , and so enjoy thy company again , without which nothing can be a contentment unto me . and so farewell dear heart . i intend ( if thou like it ) to bestow percies place on the m. of newcastle , to whom yet i am no wayes ingaged , nor wil be before i have thy answer . as for jack barclay , i do not remember that i gave thee any hope of making of him master of the wards : for cottington had it long ago before thou went hence , and i intended it to secr. nich. if he then would have received it : and i am deceived if i did not tell thee of it . i desire thee to command lo. jer. to read to thee the ds letter , which goes herwith , and in it to mark well that part concerning the transportation of the d. lorrains army . . . to my wife . mar. . by p. a. this is a true copy examined by miles corbet . . oxford , sunday . may . dear heart , the rebels new brutish generall hath refused to meddle with forrain passes , so as yet i cannot dispatch adri●…n may to thee , by the way of lon don which if i cannot very shortly , i will send him by the west , and now , if i could be assured of thy recovery , i would have but few melancholy thoughts , for i thank god my affairs begins to smile upon me again , wales being well swept of the rebels . farrington having relieved it self ; and now being secured by gorings coming , my nephues likewise having brought me a strong party of horse and foot , these quarters are so free that i hope to be marching within three or foure dayes , and am still confident to have the start of the rebels this yeer : i am likewise very hopeful that my son will shortly be in the head of a good army , for this i have the cheerfull assurance of culpeper and hyde : of late i have been much pressed to make southampton master of my horse , not more for good will to him , as out of fear that hamilton might return to a capacity of recensuring me ; wherein if i had done nothing , both jealousie and discontents were like to arise , wherefore i thought fit to put my nephew rupert in that place , which will both save me charge , and stop other mens grumblings : i have now no more to say , but praying for and impatiently expecting of good news from thee , i rest eternally thine . to my wife may . by malin st. ravy . this is a true copie examined by edm. prideaux . oxford . . jan. dear heart , having decyphered thine which i received ye●…terday i was much surprised to find thee , blame me for neglecting to write to thee , for indeed i have often complained for want , never mist any occasion of sending to thee ; and i assure thee never any dispatch went from either of my secretaries without one from me , when i knew of it . as for my calling those at london a parliament , i shall refer thee to digby for particular satisfaction , this in generall ; if there had been but two ( besides my self ) of my opinion , i had not done it , and the argument that prevailed with me , was , that the calling did no wayes acknowledge them , to be a parliament , upon which condition and construction i did it and no otherwayes , and accordingly it is registred in the councell books , with the councels unanimous approbation ; but thou wilt find , that it was by misfortune , not neglect that thou hast been no sooner advertised of it as for the conclusion of thy letter , it would much trouble me , if thou didst not know , thy desire granted before it was asked ; yet i wonder not at it , since that which may bear a bad construction , hath been presented to thee in the ugliest form , not having received the true reason and meaning of it , the fear of some such mischance made me the more carefull , to give thee a full account by tom eliot , of the reasons of the d. of r. and e. of s. journey to london , which if it come soon enough i am confident will free thee from much trouble , but if thou hast not the patience to forbear judging harshly of my actions , before thou hearest the reasons of them , from me , thou may be often subject to be doubly vext , first with slanders , then with having given too much eare unto them . to conclude , esteeme me as thou findest me constant to those grounds thou lefts me withall , & so farewell dear heart . . . copie to my wife jan. / : by p. a. this is a true copie examined by edm. prideaux . oxford . feb. old stile . dear heart , i cannot yet send thee any certain word concerning the issue of our treaty , onely , the unreasonable stubbornnesse of the rebels , gives daily lesse and lesse hopes , of any accommodation this way ; wherefore i hope no rumors shall hinder thee from hastning all thou may , all possible assi●…tance to me , and particularly that of the d. of lorraines ; concerning which i received yesterday , good news from dr. goffe , that the p. of orange will furnish shipping for his transportation , and that the rest of his negotiation goes hopefully on , by which , and many other wayes , i find thy effection so accompanied which dexterity , as i know not whether ( in their severall kinds ) to esteeme most ; but i will say no more of this , lest thou may think that i pretend to do this way , what is but possible to be done by the continued actions of my life ; though i leave news to others , yet i cannot but tell thee , that even now i have received certain intelligence of a great defeat given to argyle by muntrose ; who upon surprise , totally routed those rebels , killed . upon the place . ye●…terday i received thine of . jan. by the portugal agent , the onely way ( but expressed ) i am confident on , either to receive letters from thee , or to send them to thee ; indeed sabran sent me word yesterday , befides some complements of the emba●…y of the rebels ships in france ( which i likewise put upon thy score of kindnesse ) but is well enough content that the portugall should be charged with thy dispatches . as for trusting the rebels either by going to london , or dis-banding my army before a peace , do no wayes feare my hazarding so cheaply or foolishly : for i esteem the interest thou hast in me at a farre dearer rate , and pretend to have a little more wit ( at least by the sympathy that is betwixt us ) then to put my selfe into the reverence of perfidious rebels . so impatiently expecting the expresse thou hast promised me , i rest eternally thine i can now assure thee , that hertogen the irish agent , is an arrant knave , which shall be made manifest to thee by the first opportunity of sending pacquets . . to my wife . feb. / by p. a. this is a true copy examined by edmond prideaux . . deare heart , the expectation of an expresse from thee ( as i find by thine of the . febr. ) is very good newes to me , as likewise that thou art now well satisfied with my diligence in writing . as for our treaty , there is every day lesse hopes then other , that it will produce a peace . but i will absolutely promise thee , that if we have one , it shall be such as shall invite thy return . for i avow , that without thy company i can neither have peace nor comfort within my self . the limited dayes for treating , are now almost expired without the least agreement upon any one article . wherefore i have sent for enlargement of dayes , that the whole treaty may be laid open to the world . and i assure thee , that thou needst not doubt the issue of this treaty ; for my commissioners are so well chosen ( though i say it ) that they will neither be threatned nor disputed from the grounds i have given them ; which ( upon my word ) it according to the little note thou so well remembers . and in this not onely their obedience , but their judgements concur . i confesse in some respects thou hast reason to bid me beware of going too soon to london : for indeed some amongst us had a greater mind that way then was fit ; of which perswasion percy is one of the chief , who is shortly like to see thee , of whom having said this , is enough to shew thee how he is to be trusted , or beleeved by thee concerning our proceedings here . in short , there is little or no appearance but that this summer will be the hottest for war of any that hath been yet : and be confident , that in making peace , i shall ever shew my constancy in adhering to bishops , and all our friends , and not forget to put a short period to this perpetual parliament . but a●… thou loves me , let none perswade thee to slaken thine assistance for him who is eternally thine , c. r. oxford / . feb. / . . . to my wife . feb. . by p. a. this is a true copie examined by edmond prideaux . . dear heart , now is come to passe what i fore-saw , the fruitlesse end ( as to a present peace ) of this treaty ; but i am still confident , that i shall find very good effects of it : for besides that my commissioners have offered , to say no more , full measured reason , and the rebels have stucken rigidly to their demands , which i dare say had been too much , though they had taken me prisoner , so that assuredly the breach will light foully upon them . we have likewise at this time discovered , and shall make it evidently appeare to the world , that the english rebels , ( whether basely or ignorantly , will be no very great difference ) have as much as in them lies , transmitted the command of ireland from the crown of england to the scots , which ( besides the reflection it will have upon these rebels ) will clearly shew , that reformation of the church is not the chief , much lesse the onely end of the scotch rebellion ; but it being presumption , & no pietie : so to trust to a good cause , as not to use all lawfull means to maintain it , i have thought of one means more to furnish thee with for my assistance , then hitherto th●…u hast had : it is that i give thee power to promise in my name ( to whom thou thinkest most fit ) that i will take away all the penall laws against the roman catholicks in england as soon as god shall inable me to do it ; so as by their means , or in their favours , i may have so powerfull assistance as may deserve so great a favour , and enable me to do it . but if thou ask what i call that assistance , i answer , that when thou knowest what may be done for it , it wil be easily seen , if it deserve to be so esteemed . i need not tell thee what secrefy this bu●…ines requires ; yet this i wil say , that this is the greatest point of confidence i can express to thee ; for it is no thanks to me to trust thee in any thing else but in this which is the only thing of difference in opinion betwix us : and yet i know thou wilt make as good a bargain for me , even in this . i trusting thee , ( though it concern religion ) as if thou wert a protestant , the vi●…ible good of my affairs so much depending on it , i have so fully intrusted this bearer pooly , that i wil not say more to thee now , but that herewith i send thee a new cypher ( assuring thee , that none hath or shal have any copy of it but my selfe , to the end thou mayst use it , when thou shalt find fit to write any thing which thou wilt judge worthy of thy pains to put in cypher , and to be decyphered by none but me ; and so likewise from him to the●… , who is eternally thine . . ▪ to my wife the . march . by pooly . this is a true copie examined by edm. prideaux . : oxford , wednesday april . . dear heart ▪ though it be an uncomfortable thing to write by a slow messenger , yet all occasions , of this ( which is now the onely ) way of conversing with thee , is so welcome to me as i shall be loath to loose any ; but expect neither news or publick busines , from me , by this way of conveyance ; yet judging thee by my self even these nothings wil not be unwelcom to thee , though i should chide thee , which if i could i would do , for thy too sudden taking alarms ; i pray thee consider , since i love thee above all earthly things , & that my contentment is unseperably con●…oyned with thine , must not all my actions tend to serve and please thee ? if thou knew what a life i lead , ( i speak n●…t in respect of the common distractions ) even in point of conversation , which in my mind , is the chief joy or vexation of ones life , i dare say thou would pity me ; for some are too wise , others too foolish , some too busie , others too reserved , many fantastick . in a word , when i know no●…e better ( i speak not now in relation to businesse ) then . . : : : : . : : : : : : : : : : : : thou may easily judge how my conversation pleaseth me . i confesse thy company hath perhaps made me in this , hard to be pleased , but not lesse to be pitied by thee , who art the only cure for this disease . the end of all is this , to desire thee to comfort me as often as thou can with thy letters , & dost not thou think , that to know particulars of thy health , & how thou spendest the time , are pleasing subjects unto me , though thou hast no other businesse to write of ? bel●…eve me , sweet heart , thy kindnesse is as necessary to comfort my heart , as thy assistance is for my affairs . to my wife april . . by bin●…on . this is a true copy examined by miles corbet . oxford thursday . march . deare heart : upon saturday last i wrote to thee by sabran ( but this i beleeve may come as soone to thee ) and i have received thine of the seventh upon munday last , which gave me great contentment both in present and expectation , ( the quicke passage being likewise a welcome circumstance ) and yet i cannot but finde a fault of omission in most of thy latter dispatches , there being nothing in them concerning thy health . for though i confesse , that in this no news is good news , yet i am not so satisfied without a more perfect assurance ; & i hope thou wilt by satisfying me confesse the justnesse of this my exception . i am now full fraught with expectation ( i pray god send me a good unlading ) for i looke daily for some blow of importance to be given about taunton or shrewsbury , and i am confidently assured of a considerable and sudden supply of men from ireland , likewise the refractory horse ( as the london rebels calls them ) may be reckoned in , for yet it is not knowne what fomenters they have , or whether they have none , if the latter , there is the more hope of gaining them to me ; howsoever i doubt not , but if they stand on t ( as it is probable ) good use may be made of them . of this i beleeve , to give thee a perfecter account next weeke , having sent to try their pu●…●…es ; petit came yesterday , but he having at london thrust his dispatches into the states ambassadours paquets i have not yet received them , and i would not stay to lengthen this in answer of them , nor give thee halfe hopes of good westerne news , knowing of an opportunity for writing to thee within these three or foure dayes ; onely i congratulate with thee for the safe arrival of thy tinne-adventure at callis and so farewell sweet heart . thine of the i have newly received , whereby i finde tha●… thou mu●…h mistakes mee concerning ir. for i desire nothing more than a peace there , and never for●…a●… thy commerce there ; onely i gave thee warning of some irish in france , whom i then thought , and now know to be knaves . to my wife . march / . by p. a. this is a true copy , examined by edm. prideaux . droit wiche . wednesday . may . deare heart : marching takes away the conveniency of sending my letters so safe and quicke to thee , as when i was at oxford , however i shall not faile to doe what i can to send often to thee ; there is so little news for the present as i wil leave that subject for others , onely upon saturday last i received a dispatch from montrose , which assures me his condition to be so good , that he bids me be confident that his countrymen shall doe me no great harme this yeere ; and if i could lend him but . horse , he would undertake to bring me . men before the end of this summer . for the generall state of my affaires we all here thinke to be very hopefull ; this army being of a good strength , well ordered , and increasing ; my sonnes such that fairfax will not be refused to be fought with , of which i hope thou wilt receive good satisfaction from himselfe . it s true that i cannot brag for store of money , but a sharpe sword alwaies hinders starving at least ; and i beleeve the rebels coffers are not very full ( and certainly we shall make as good a shift with empty purses as they ) or they must have some greater defect , else their leavies could not be so backward as they are , for i assure thee that i have at this instant many more men in the field then they . i am not very confident what their northerne forces are , but expect they are much stronger then i am made beleeve . i may likewise include them . now i must make a complaint to thee of my sonne charles , which troubles me the more , that thou maist suspect i seeke by equi●…ocating to hide the breach of my word , which i hate above all things , especially to thee : it is this he hath sent to desire me , that sir john greenfield may be sworne gentleman of his bedchamber , but already so publikely ingaged in it , that the refusall would be a great disgrace both to my sonne and the young gentleman , to whom it is not fit to give a just distaste , especially now , considering his fathers merits , his owne hopefulnesse , besides the great power that family has in the west : yet i have refused the admiting of him untill i shall heare from thee . wherfore i desire thee first to chide my sonne for ingaging himselfe without one of our consents ; then , not to refuse thy owne consent ; and lastly , to beleeve that directly or indirectly i never knew of this while yesterday at the delivery of my sonnes letter . so farewell , sweet heart , and god send me good news from thee . to my wife , may . . this is a true copy , examined by miles corbett . deare heart : i know thy affection to me so truly grounded , that thou wilt be in as much ( if not more ) trouble to finde my reputation , as my life in danger : therefore least the false sound of my offering a treaty to the rebels upon base and unsafe termes should disturbe thy thoughts , i have thought it necessary ( to assure thy minde from such rumours ) to tell thee the wayes i have used to come to a treaty , and upon what grounds . i shall first shew thee my grounds , to the end thou may the better understand and approve of my wayes ; then know ( as a certaine truth ) that all , even my party , are strangely impatient for peace , which obliged me so much the more ( at all occasions ) to shew my reall intentions to peace ; and likewise i am put in very good hope ( some holds it a certainty ) that if i could come to a faire treaty , the ring-leading rebels could not hinder me from a good peaee : first , because their owne party are mosi weary of the war , and likewise for the great distractions which at this time most assuredly are amongst themselves , as presbyterians against independents in religion , and generall against generall in point of command : upon these grounds a treaty being most desirable ( not without hope of good successe ) the most probable meanes to procure it was to be used , which might stand with honour and safety , amongst the rest ( for i will omit all those which are unquestionably councelable ) the sound of my returne to london was thought to have so much force of popular retorique in it , that upon it a treaty would be had , or if refused it would bring much prejudice to them , and advantagious to me ; yet 〈◊〉 foolish or malicious people should interpret this as to proceed from feare or folly , i have joyned conditions with the proposition ( without which this ●…ound will signifie nothing ) which thou wilt finde to be most of the chiefe ingredients of an honourable and safe peace . then ob●… , 〈◊〉 a 〈◊〉 at london with commissioners for both sides may be had without it , it is not to be used ; nor , in case they will treat with no body but my selfe , so that the conditions saves any a●…pertion of 〈◊〉 , and the treating at london the malignity which our ●…actious spirits here may infuse into this treaty upon this subje●… . this i hope will secure thee from the trouble which otherwise may be caused by false malicious rumours , and though i judg my self secure in thy thoughts , from suspecting me guilty of any basenesse , yet i held this account neeessary , to the end thou may make others know , as well as thy selfe , this certaine truth , that no danger of death or misery ( which i thinke much worse ) shall make me do any thing unworthy of thy love . for the state of my present affaires i referre thee to . concluding ( as i did in my last to thee ) by conjuring thee , as thou 〈◊〉 me , that no appearance of peace ( and now i adde ) nor hopefull condition of mine , make thee neglect to haste succour for him who is eternally thine . copy to my wife , decemb. . by tom. elliot . this is a true copy , examined by edm. prideaux . oxford , . march , old-style . deare heart : what i told thee the last weeke concerning a good parting with our lords and commons here , was on munday last handsomly performed , and now if i doe any thing unhandsome or disadvantagious to my selfe or friends , in order to a treaty , it will be meerly my owne fault , for i confesse when i wrote last , i was in feare to have been pressed to make some meane overtures to renew the treaty , ( knowing that there were great labouring to that purpose : ) but now i promise thee , if it be renewed , ( which i believe will not , without some eminent good successe on my side ) it shall be to my honour and advantage , i being now as well freed from the place of base and mutinous motions ( that is to say , our mungrell parliament here ) as of the chiefe causers , for whom i may justly expect to be chidden by thee , for having suffered thee to be vexed by them , wilmot being already there , percy on his way , and sussex within few daies taking his journey to thee , but that , i know , thou carest not for a little trouble to free me from great inconveniences , yet i must tell thee , that if i knew not the perfect stedinesse of thy love to me , i might reasonably apprehend that their repaire to thee would rather prove a change then an end of their villanies ; and i cannot deny , but my confidence in thee , was some cause of this permissive trouble to thee . i have received thine of the third of march , by which thou puts me in hope of assistance of men and money , and it is no little expression of thy love to me , that ( because of my businesse ) festivals are troublesome to thee , but i see that assemblies in no countries are very agreeable to thee , and it may be done a purpose to make thee weary of their companies , and excuse me to tell thee in earnest , that it is no wonder , that meere statesmen should desire to be rid of thee , therefore i desire thee to thinke whether it would not advantage thee much to make a personall friendship with the queen regent , ( without shewing any distrust of her ministers , though not wholly trusting to them ) & to shew her , that when her regency comes out ( and possibly before ) she may have need of her friends , so that she shall but serve her selfe by helping of thee ; and to say no more , but certainly , if this rebellion had not begun to oppresse me when it did , a late great queene had ended more glorious then she did . in the last place i desire thee , to give me a weekly account of thy health , for i feare least in that alone thou takest not care enough to expresse thy kindnesse to him who is eternally thine . the northerne newes is rather better then what we first heard , for what by sir marmaduke langdales , and montrosses victories , carlile and the rest of our northerne garrisons are relieved , and we hope for this year secured , and besides all this , the northern horse are already returned and joyned with my nephew rupert . to my wife , . march . / . by p. a. this a true copy examined by edm. prideaux . daintrey , sunday . june . deare heart : oxford being free , i hope this will come sooner to thee then otherwise i could have expected , which makes me believe , that my good newes will not be very stale , which in short is this , since the taking of leicester my marching downe hither to relieve oxford made the rebels raise their siege before i could come near them , having had their quarters once or twice beaten up by that garrison , and lost foure hundred men at a●… assault before bostoll-house ; at first i thought they would have fought with me , being marched as far as brackley , but are since gone aside to brickhill , so as i believe they are weaker then they are thought to be ; whether by their distractions , ( which are certainly very great , fairfax and browne having been at cudgels , and his men and cromwell's likewise at blowes together , where a captain was slaine , or wasting their men , i will not say : besides goring hath given a great defeate to the westerne rebels , but i doe not yet know the particulars ; wherefore i may ( without being too much sanguine ) affirm , that ( since this rebellion ) my affaires were never in so faire and hopefull away , though among our selves we want not our own follies , which is needlesse , and i am sure tedious to tell thee , but such as i am confident shall do no harm nor much trouble me : yet i must tell thee , that it is thy letter by fitz williams , assuring me of thy perfect recovery with thy wonted kindnesse , which makes me capable of taking contentment in these good successes ; for as divers men proposes severall recompences to themselves for their pains and hazard in this rebellion ; so thy company is the onely reward i expect and wish for . to my wife . june . this is a true copy , examined by miles corbett . deare heart : sunday last i received three letters from thee ; one a duplicate of the . decemb. another of the . jan. & the last of the . jan. and even now one petit is come with a duplicate of the last ; wherein , as i infinitely joy in the expressions of thy confident love of me , so i must extreamly wonder , that any who pretend to be a friend to our cause , ( for i believe thou wouldest not mention any information from the other side ) can invent such lies , that thou hast had ill offices done to me by any ; or that they care for my assistance hath been the least suspected , it being so far from truth , that the just contrary is true . for i protest to god i never heard thee spoken of , but with the greatest expressions of estimation for thy love to me , and particularly for thy diligent care for my assistance : but i am confident that it is a branch of that root of knavery which i am now digging at , and of this i have more then a bare suspition : and indeed , if i were to finde fault with thee , it should be for not taking so much care of thine own health as of my assistance , at least not giving me so often account of it as i desire ; these three last , making no mention of thy selfe . now as for the treaty ( which begins this day , ) i desire thee to be confident , that i shall never make a peace by abandoning my friends , nor such a one as will not stand with my honour and safety ; of which i will say no more , because , knowing thy love , i am sure thou must believe me , and make others likewise confident of me . i send thee herewith my directions to my commissioners , but how i came to make them my self without any others digby will tell thee , with all the newes , as well concerning military as cabalisticall matters . at this time i will say no more , but that i shall in all things , ( only not answering for words ) truly shew my selfe to be eternally thine . the portugall agent hath made me two propositions , first , concerning the release of his masters brother , for which i shall have . l. if i can procure his liberty from the king of spaine ; the other is for a marriage betwixt my son charles and his masters eldest daughter : for the first i have freely undertaken to do what i can , and for the other , i will give such an answer , as shall signifie nothing . i desire thee not to give too much credit to sabrans relations , nor much countenauce to the irish agents in paris , the particular reasons thou shalt have by pooly , ( whom i intend for my next messenger . ) in the last place i recommend to thee the care of jersey and gernsey , it being impossible for us here to do much , though we were rich , being weake at sea . to my wife ▪ . jan. / . by legge . this is a true copy , examined by edm. brideaux . ormond ; the impossibility of preserving my protestant subjects in ireland , by a continuation of the war , having moved me to give you those powers and directions ; which i have formerly done for the concluding of a peace there , and the same growing daily much more evident , that alone were reason enough for me , to enlarge your powers , and to make my commands in the point more positive . but besides these considerations , it being now manifest that the english rebels have ( as far as in 〈◊〉 〈◊〉 ) given the command of ireland to the scots ; that their aime is at 〈◊〉 all subversion of religion and regall power , and that nothing lesse will content them , or purchase peace here . i think my self bound in conscience , not to let slip the meanes of setling that kingdome ( if it may be ) fully under my obedience , nor to loose that assistance which i may hope from my irish subjects , for such scruples as in a lesse pressing condition might 〈◊〉 be 〈◊〉 at by me for their satisfaction , i do therefore , command you to conclude a peace with the irish , whatever it cost , so that 〈…〉 subjects there may 〈◊〉 , and my regall authority preserved , but for all this you are to make me the best bargaine you can , and 〈…〉 . and though i leave the managing of this great and necessary work entirely to you , yet i cannot but tell you , that if the suspension of poinings act for such bi●…s as 〈◊〉 be agreed upon between you there , and the present taking away of the penal●… laws 〈…〉 : i shall not thinke it a hard bargaine , so that freely and vigorously they engage themselves in my 〈…〉 my rebels of england and scotland , for which no 〈◊〉 can be too hard , not being against 〈…〉 . 〈…〉 a true copy , zouch tate . to ormond . oxford . febr. . ormond , i should wrong my owne service and this gentleman sir timothy fetherston , if i did not recommend him and his businesse to you ; for the particulars of which i referr you to digby : and now again ▪ cannot but mention to you the necessity of the hastening of the irish peace , for wh●…ch i hope you are already furnished by me , with materials sufficient : but in case ( against all expectation and reason ) peace cannot be had upon those termes , you must not by any meanes fall to a new rupture with them , but continue the cessation ( according to a postscript in a letter by jack barry ( a copy of which dispatch i herewith send you . ) so i rest . postscript . in case upon particular mens fancies , the irish peace should not be procured , upon powers i have already given you , i have thought good to give you this further order ( which i hope will prove needlesse ) to seek to renew the cessation for a year , for which you shall promise the irish ( if you can have it no cheaper ) to joyn with them against the scots and inchequin ; for i hope by that time my condition may be such , as the irish may be glad to accept lesse , or i be able to grant more . a true copy zouche tate . to ormond . oxford . ian. / . ormond , upon the great rumours and expectations which are now of peace , i think it necessary to tell you the true state of it , lest mistaken reports from hence might trouble my affaires there . the rebels here have agreed to treat ; and most assuredly , one of the first and chiefe articles they will insist on , will be , to continue the irish warre ; which is a point not popular for me to break on ; of which you are to make a double use : first , to hasten ( wit●… all possible diligence ) the peace there ; the timely conclusion of which will take off that inconvenience which otherwayes i may be subject to , by the refusall of that article , upon any other reason . secondly , by dextrous conveying to the irish , the danger there may be of their totall and perpetuall exclusion from those favours i intend them , in case the rebels here clap up a peace with me , upon reasonable terms , and only exclude them ; which possibly were not councelable for me to refuse , if the irish peace should be the only difference betwixt us , before it were perfected there : these i hope are sufficient grounds for you to perswade the irish diligently to dispatch a peace upon reasonable termes assuring them that you having once fully engaged to them my word ( in the conclusion of a peace ) all the earth shall not make me break it . but not doubting of a peace , i must again remember you to presse the irish for their speedy assistance to me here , and their friends in scotland : my intention being to draw from thence into wales ( the peace once concluded ) as many as i can of my armed protestant subjects , and desire that the irish would send as great a body as they can to land about cumberland , which will put those northern counties in a brave condition ; wherefore you must take speedy order to provide all the shipping you may , aswell dunkeirk as irish bottomes ; and remember that after march it will be most difficult to transport men from ireland to england , the rebels being masters of the seas : so expecting a diligent and particular account in answer to this letter , i rest your most assured constant friend , charles r. a true copy . zouche tate . to ormond . . decemb. . ormond , i am sorry to finde by colonell barry the sad condition of your particular fortune , for which i cannot finde so good and speedy remedy as the peace of ireland , it being likewise to redresse most necessary asfaires here ; wherefore i command you to dispatch it out of hand , for the doing of which i hope my publique dispatch will give you sufficient instruction and power ; yet i have thought it necessary for your more encouragement in this necessary work to make this addition with my own hand . as for poinings act i referre you to my other letter : and for matter of religion , though i have not fund it fit to take publique notice of the paper which brown gave you , yet i must command you to give him my l. musgray and plunket particular thanks for it , assuring them that without it , there could have been no peace ; and that sticking to it , their nation in generall and they in particular shall have comfort in what they have done , and to shew that this is more then words , i doe hereby promise them , ( and command you to see it done ) that the penall statutes against roman catholiques shall not be put in execution , the peace being made , and they remaining in their due obedience ; and further , that when the irish gives me that assistance which they have promised , for the suppression of this rebellion , and i shall be restored to my rights , then i will consent to the repeale of them by a law ; but all those against appeales to rome , and premunire must stand , all this in cypher you must impart to none , but those three already named and that with injunction of strictest secresie : so againe recommending to your care the speedy dispatch of the peace of ireland , and my necessary supply from thence , as i wrote to you in my last private letter , i rest . a true copy . zouche tate . the earle of glamorgans instructions to me , to be presented to your majesty . that ( god willing ) by end of may , or beginning of iune , he will land with irish . that the gentlemen of the severall counties of monmouth , glamorgan , brecknock , and carmarthen , will very speedily for your majesties service in securing these parts , raise and a●…e foure thousand men . that the ships which shall bring over the irish , his lordship designes to block up 〈◊〉 haven , at which time he doubts not to draw these welch forces into pembrockshiere . that to advance these his undertakings , he hath thirty thousand pounds ready , ten thousand muskets , two thousand case of pistols , eight hundred barrells of powder ; besides , his own artillery , and is ascertained of thirty thousand pound more which will bee ready upon his return . that he hath intelligence from his ships , that divers hollanders and dunkirkers come in daily to him . in order to this service , he commanded mee humbly to put your majesty in minde of his commission , and that hee may in fitting time have such command in these counties as may bee sutable to his imployment , and conducing to the service in hand : these being counties in which ( if other designes of landing faile ) he can land in : and that your majesty will seriously consider the services he hath done you in composing the distractions of the county of monmouth : and that you will bee pleased to countenance sir thomas lunsford , and graciously relieve the countrey in such things as without prejudicing your service may ease them . concerning the county of monmouth only . that by his lordships meanes ( who hath now raised two regiments himselfe ; ) sir thomas lunsfords forces will bee one thousand eight hundred foot , and seven hundred horse which horse is intended to bee quartred in the forrest of deane in places of secure quartring , as langot attempted to have been taken by sir iohn winter , a place of great conce●…ment , both for the reducing the forrest , and securing monmouth-shiere . that by his lordships intervention and endeavours , your majesty really sees he hath much quallified the sence of the grievances of the county , and moderated their complaints by subducting the intended petition , and therefore hopes your majesty will so specially commend their humble sute to prince rupert , as it may be successefull . that though the prayer of their petition is to reduce the contribution to the proportion set by the parliament at oxford , yet his lordship hath so wrought , as these petitioners have under their hands obliged themselves to continue the double payment for two months more , and doubts not but in rela●…ion to the exigence of your majesties service to prevaile for further time . his humble sute is , that i may carry with me into the countrey your majesties order , that the forces of sir thomas lundford may not bee removed , but upon urgent occasion , untill his retuine : and that only upon your majesties or prince ruperts speciall order , otherwise it will be a great obstruction and discouragement in raising or continuing the number proposed . that your majesty will be pleased in their favour , to write your lette●… to prince rupert , and that the country may have the honour to present it , to the end , they may be eased of free quarter , exactions above their contribution , and unnecessary garrisons , that chepstow and monmouth may be the better strengthned . that sir thomas lundsford may bee qualified with authority , to protect them according to such order as the prince shall make , march . . these presented by your loyall subject edward bosdon . this a true copy . zouche tate . colonell fitz-william humbly prayes and propounds as followeth . that your sacred majesty will vouchsafe to prevail with his majesty to condiscend to the just demands of his irish subjects the confederate catholikes in his majesties kingdome of ireland , at least in private . that upon the consideration thereof colonell fitz-william humbly propounds and undergoeth ( with the approbation of mr hardegan now employed agent for the sayd confederate catholikes in france ) to bring an army of ten thousand men and more of his majesties subjects in his kingdom of ireland , for his majesties service , into england . that colonell fitz-william undertakes for the summe of ten thousand pound sterl. to leavy , ship , and arm , the said ten thousand men , and so proportionably for more or lesse ; and that the said money may be put into such hands as may be safe for his majesty as well as ready for the colonell when it shal appear the said army shall be in a readinesse to be transported into england . that upon the landing the said men , there shall be advanced to the colonell one months pay for all the army , according to the muster , for the present support of the army . that colonell fitz william may bee commander in chiefe thereof , and dispose of all the officers , and onely be commanded by his majesty , his highnesse the prince of wales , and prince rupert , and qualified with such commissions as hath been formerly granted to his majesties generalls , that have commanded bodies apart from his majesties own army , as the marquisse of newcastle , the earle of kingstone , and others , hereby the better to enable him in the leavies as well as in the generall conduct of the businesse ; and that in respect the parliament gives no quarter to his majesties irish subjects , therefore that the said forces shall not by any order whatsofover be devided . that the colonell may be supplyed with a body of horse , of at least two thousand , to be ready at the place of landing . that the colonell may be provided with amunition and artillery , or with money requisite for himselfe to provide necessary proportions for to bring with him . that the army shall be paid as other armies of his majesties . having taken these propositions into consideration , we have thought fit to testifie our approbation and agreement thereunto under our signe manuall assuring what hath been desired of us therein , shall be forthwith effectually endeavoured , and not doubting to the satisfaction of the confederate catholikes of his majesties kingdom of ireland , and to the said colonell fitz-william , so that wee may justly expect an agreeable compliance and performance accordingly from all parties in these severall concernments . this is a true copy of the originall sent by her majesty to the king , may . . a : lowly , secretary to the right honourable the lord iermine . a true copy . zouche tate . to my wife , . jan. / . by choquen . deare heart , pooly came the / . jan. to whose great dispatch , though for some dayes i cannot give a full answer , i cannot but at this opportunity reply to something in thy letter , not without relating to something of his discourse . as i confesse it a mis-fortune ( but deny it a fault ) thy not hearing oftner from me , so excuse me to deny that it can be of so ill consequence as thou mentions , if their affections were so reall , as they make shew of to thee ; for the difficulty of sending is known to all , and the numbers of each letter will shew my diligence , and certainly there goes no great wit to finde out wayes of sending , wherefore if any be neglected more , then our wits are faulty ; but to imagine that it can enter into the thought of any flesh living , that any body here should hide from thee what is desired , that every one should know ( excuse me to say it ) is such a folly , that i shall not beleeve that any can think it though he say it : and for my affection to thee , it will not bee the miscarrying of a letter or two that will call it in question ; but take heed that these discourses be not rather the effect of their wearinesse of thy company , then the true image of their thoughts ; and of this is not the proposall of thy journey to ireland , a pretty instance ? for seriously of it selfe , i hold it one of the most extravagant propositions that i have heard , thy giving eare to it , being most assuredly only to expresse thy love to me , and not thy judgement in my affaires : as for the businesse it selfe , ( i meane the peace of ireland ) to shew thee the care i have had of it , and the fruits i hope to receive from it : i have sent thee the last dispatches , i have sent concerning it , earnestly desiring thee to keep them to thy selfe , only thou maist in generall let the q. regent and ministers there understand , that i have offered my irish subjects so good satisfaction , that a peace will shortly ensue , which i really beleeve . but for gods sake , let none know the particulars of my dispatches . i cannot but tell thee , that i am much beholding to the portugall agent ( and little to the french ) it being by his meanes that i have sent thee all my letters , ( besides expresses ) since i came hither , though i expected most from sabran . i will not trouble thee with repetitions of newes , digbies dispatch which i have seene being so full , that i can adde nothing ; yet i cannot but paraphrase a little upon that which he calls his superstitious observation : it is this , nothing can be more evident , then that straffords innocent blood hath beene one of the great causes of gods just judgements upon this nation by a furious civill warre , both sides hitherto being almost equally punished as being in a manner equally guilty ; but now this last crying blood , being totally theirs ; i beleeve it is no prefumption hereafter to hope that his hand of justice must be heavier upon them , and lighter upon us , looking now upon our cause , having passed by our faults . this is a true copy examined by edmund prideaux . xxiii . copy to the d. of r. richmond , i thank you for the accompt you sent me by this bearer , and have nothing of new to direct you in , but only to remember you that my going to west . is not to be mentioned but upon probable hopes of procuring a treaty with com. there or there abouts , and that you mention the security i aske with my comming to west . and i hope i need not remember you to cajole well the independents and scots ; this bearer will tell you how well our westerne and northerne associations goes on to whom i refer you for other things . i rest . this a true copy . zouche tate . memorialls for secretary nicholas concerning the treaty at vxbridge . oxford feb. . first for religion and church government i will not goe one jot further then what is offered by you already . . and so for the militia more then what ye have allowed by me , but even in that you must observe that i must have free nomination of the full halfe ; as if the totall number scots and all ●…e be thirty , i will name fifteene ; yet if they ( i meane the english rebels ) will be so base as to admit o●… ten scots to twenty english , i am contented to name five scots and ten english , and so proportionably to any number that shall be agreed upon . . as for gaining of part cular persons besides security , i give you power to promise them rewards for performed services , not sparing to engage for places ; so they be not of great trust , or be taken away from honest men in possession , but as much profit as you will : with this last you are only to acquaint richmond , southampton , culpeper , and hide . this is a true copy . zouche tate . xxiiii . directions for my vxbridge commissioners . first concerning religion . in this the governement of the church ( as i suppose ) will be the chiefe question wherein two things are to be considered , conscience and policy . for the first , i must declare unto you that i cannot yeeld to the change of the government by bishops ; not only as i fully concurre with the most generall opinion of christians in all ages , as being the best , but likewise i hold my selfe particularly bound by the oath i took at my coronation , not to alter the government of this church from what i found it . and as for the churches patrimony , i cannot suffer any diminution or alienation of it , it being without peradventure sacriledge , and likewise contrary to my coronation oath but whatsoever shall be offered , for rectifying of abuses if any hath crept in , or yet for the ease of tender conscences ( so that it endamage not the foundation ) i am content to heare , and will be ready to give a gracious answer thereunto : for the second , as the kings duty is to protect the church , so it is the churches to assist the king , in the maintenance of his just authority ; wherefore my predecessors have been alwayes carefull ( and especially since the reformation ) to keep the dependency of the clergy intirely upon the crowne ; without which it will scarcely sit fast upon the kings head ; therefore you must doe nothing to change or lessen this necessary dependency . next concerning the militia . after conscience , this is certainly the fittest subject for a kings quarrell ; for without it the kingly power is but a shaddow ; and therefore upon no meanes to be quitted , but to be maintained according to the ancient knowne lawes of the land : ( yet because to attaine to this so much wished peace by all good men ) it is in a manner necessary that sufficient and reall security be given for the performance of what shall be agreed upon . i permit you either by leaving strong townes or other military force into the rebels possession ( untill articles be performed ) to give such assurance for performance of conditions as you shall judge necessary for to conclude a peace : provided alwayes that ye take ( at least ) as great care by sufficient security , that conditions be performed to me : and to make sure that the peace once setled , all things shall returne into their ancient channels . thirdly for ireland . i ●…onfesse , they have very specious popular arguments to presse this point , the gaining of no article more conducing to their ●…nds then this : and i have as much reason both in honour and policy to take care how to answer this as any : all the world knowes the eminent inevitable necessity which caused me to make the irish cessation , and there remaine yet as strong reason for the concluding of that peace ; wherefore ye must consent to nothing to hinder me therein , untill a clear way be showne me how my protestant subjects there may probably ( at least ) defend themselves ; and that i shall have no more need to defend my conscience and crowne from the injuries of this rebellion . a true copy . zouch tate . at vxbridge on wednesday the . of ianuarie , . the protestation under written was unanimously consented unto , and taken by all his majesties commissioners appoynted to treat there , toucheing a well-grounded peace . ia . b. being one of the commissioners assigned by his majesty for this present treaty at vxbridge , doe protest and promise in the sight of almighty god , that i will not disclose nor reveale unto any person or persons whatsoever ( who is not a commissioner ) any matter or thing that shall be spoken of during the treaty by any one , or more of his majesties commissioners in any private debate amongst our selves , concerning the said treaty ; so as to name or describe directly or indirectly the person or persons that shall speak any such matter or thing , unlefse it be by the consent of all the said commissioners that shall be then living . memorandum , that it is by all the said commissioners agreed that this shall not binde where any ten of the commissioners shall agree to certifie his majesty the number of assenters or dissenters , upon any p●…rticular result , in this treaty , not naming or describing the persons . this is a true coppy , examined by zouch tate . xxvi . the q. to the k. from yorke , march . also april . my deare heart ; i need not tell you from whence this bearer comes ; onely i will tell you , that the propositions which he brings you are good , but . i beleeve that it is not yet time to put them into execution : therefore finde some meanes to send them back , which may not discontent them ( and doe not tell who gave you this advise . sr. hugh cholmely is come with a troop of horse to kisse my hands : the rest of his people he left at scarborro●…gh , with a ship laden with arms , which the ships of the parliament had taken and brought thither , so she is ours ; the rebells have quitted tadcaster upon our sending forces to whetherby , but they are returned with twelve hundred men : we send more forces to drive them out , though those we have already at whetherby are sufficient , but we feare lest they have all their f●…rces there about , and lest they have some designe ; for they have quitted selby and cawood , the last of which they have burnt : between this and to morow night we shall know the issue of this businesse ; and i will send you an expresse : i am more carefull to advertise you of what we doe , that you and we may finde meanes to have passe-ports , to send : and i wonder that upon the cessation you have not demanded that you might send in safety : this shewes my love : i understand to day from london , that they will have no cessation , and that they treat at the beginning of the two first articles , which is of the forts , ships , and ammunition , and afterwards of the disbanding of the army : certainly , i wish a peace more then any , and that with greater reason : but i would the disbanding of the perpetuall parliament , first : and certainly , the rest will be easily afterwards : i doe not say this of my owne head alone : for generally both those who are for you and against you in this countrey , wish an end of it ; and i am certaine , that if you doe demand it at the first , in case it be not granted , hull is ours , and all yorkeshire , which is a thing to consider of : and for my particular , if you make a peace and disband your army , before there is an end to this perpetuall parliament , i am absolutely resolved to goe into france , not being willing to fall againe into the hands of those people , being well assured , that if the power remaine with them , that it will not be well for mein england ; remember what i have written to you in three precedent letters , and be more carefull of me then you have beene , or at the least dissemble it ; to the end that no notice be taken of it . adieu : the man hastens me , so that i can say no more . yorke this . of march . xxvii . this letter should have gone by a man of master denedsdale , who is gone , and all the beginning of this letter was upon this subject : and therefore by this man it signifies nothing but the end was so pleasing , that i doe not for beare to send it to you : you now know by elliot the issue of the businesse of todeaster , since we had almost lost scarborough , whilst cholmly was here , browne bushell would have rendred it up to the parliament : but cholmley having had notice of it , is gone with our forces , and hath re-taken it ; and hath desired to have a lieutenant and forces of ours to put within it ; for which we should take his ; he hath also taken two pinaces from hotham , which brought . men to put within scarborough , . peeces of canon , . barrel●… of powder , of bullet . this is all our newes ; our army marches to morrow to put an end to fairfaxes excellency . and i will make an end of this letter , this third of april . i have had no newes of you since parsons . . march . . april . a true coppy . p. w. xxviii . the queen to the king from bath . april . . . my deare heart , fred. cornwallis will have told you all our voyage as farre as adburie , and the state of my health : since my comming hither , i finde my selfe so ill , as well in the ill rest that i have , as in the encrease of my rhume . i hope that this dayes rest will doe mee good : i go to morrow to bristoll , to send you back the carts ; many of them are already returned ; my lord dillon told me , not directly from you , though he sayes you approve it ; that it was fit i should write a letter to the commissioners of ireland to this effect , that they ought to desist from those things for the present , which they had put in their paper , and to assure them , that when you shall be in another condition then you are now , that you will give them contentment . i thought it to be a matter of so great engagement , that i dare not doe it without your command ; therefore if it please you that i should doe so , send me what you would have me write , that i may not doe more then what you appoynt : and also that it being your command , you may hold to that which i promise : for i should be very much grieved to write any thing which i would not hold to , and when you have promised it me , i will be confident . i beleeve also , that to write to my lord muskery without the rest will be enough ; for the letter which i shall write to him shall be with my owne hand : and if it be to all your commissioners , it shall be by the secretary . farewell my deare heart , i cannot write any more , but that i am absolutely yours . a true coppy . zouch tate . the q. to the k. from paris . ianuary / . paris , ianuary , i have received one of your letters , dated from marleborow of an old date , having received many others more fresh , to which i have made answer : i will say nothing concerning this but only concerning the affair of ( gor. ) if it be not done , it is time , being very seasonable at this time , which i did not believe before . i understand that the commissioners are arrived at london ; i have nothing to say , but that you have a care of your honour ; and that if you have a peace , it may be such as may hold ; and if it fall out otherwise , that you do●… not abandon those who have served you , for fear they do forsake you in your need . also i do not see how you can be in safety without a regiment of guard ; for my self i think i cannot be , seeing the malice wch they have against me , and my religion , of which i hope you will have a care of both ; but in my opinion religion should be the last thing upon which you should treat ; for if you doe agree upon strictnesse against the catholicks , it would discourage them to serve you : and if afterwards there should be no peace , you could never expect succours either from ireland , or any other catholick prince , for they would believe you would abandon them after you have served your selfe . i have dispatched an expresse into scotland , to mountrosse , to know the condition he is in , and what there is to be done . this week i send to mr. of lorrain and into holl. i lose no time : if i had more of your newes , all would goe better . adieu my dear heart . a true copy . zouch tate . my wife / decem. ian. / . the q. to the k. paris , ian. . / . also march . paris ianuary ; / my deare heart , tom. eliot two dayes since hath brought me much joy , and sorrow : the first , to know the good estate in which you are : the other , the fear i have that you goe to london . i cannot conceive where the wit was of those who gave you this counsell , unlesse it be to hazzard your person to save theirs : but thanks be to god , to day i received one of yours by the ambassadour of portugall dated in ianuary , which comforted me much to see that the treaty shall be at vxbridge : for the honour of god trust not your selfe in the hands of these people . and if you ever goe to london before the parliament be ended , or without a good army , you are lost . i understand that the propositions for the peace must begin by disbanding the army ; if you consent to this , you shall be lost , they having the whole power of the militia , they have done and will doe whatsoever you will . i received yesterday letters from the duke of lorraine , who sends me word if his service be agreeable to you , he will bring you ten thousand men : dr. goffe whom i have sent into holland shall treat with him in his passage upon this businesse ; and i hope very speedily to send good newes of this , as also of the money . assure your selfe i will be wanting in nothing you shall desire ; and that i will hazzard my life , that is , to dye by famine , rather then not to send to you : send me word alwayes by whom you receive my letters , for i write both by the ambassadour of portugall and the resident of france . above all , have a care not to abandon those who have served you , as well the bishops as the poor catholicks . adieu , you will pardon me if i make use of another to write , not being able to doe it ; yet my self in cyphers shew to my nephew rupert , that i intreat you to impart all that i write to you , to the end that he may know the reason why i write not to him ; i know not how to send great packets . my wife , / , ian. / a true coppy , zouche tate . xxxi . paris this of march , my dear heart , since my last , i have received one of your letters marked . by which you signifie the receipt of my letters by pooly , which hath a little surprized me , seeming to me that you write as if i had in my letter something which had displeased you : if that hath been , i am very innocent in my intention . i only did believe that it was necessary you should know all : there is one other thing in your letter which troubles me much , where you would have me keep to my self your dispatches , as if you believe that i should be capable to shew them to any , only to lord ier. to uncypher them , my head not suffering me to do it my selfe : but if it please you i will doe it , and none in the world shall see them ; be kinde to me or you kill me : i have already affliction enough to fear , which without you i could not doe , but your service surmounts all : farewell my deare heart ; behold the mark which you desire to have to know when i desire any thing in earnest ✚ , and i pray begin to remember what i spake to you concerning iack barkly for master of the wards ; i am not ingaged nor will not be for the places of l. per. and others , doe you accordingly . march . newarke the . of iune . my deare heart , i received just now your letter by my lord savile , who found me ready to goe away , staying but for one thing , for which you will well pardon . dayes stopp , it is to have hull and lincolne , young hotham having bin put in prison by order of parliament , is escaped : and hath sent to . that he would cast himselfe into his armes , and that hull and lincolne should be rendred , he is gone to his father , and writes for your answer , so that i thinke i shall goe hence fryday or satturday , and shall goe lye at werton , and from thence to ashby , where we will resolve what way to take , and i will stay there a day , because that the march of the day before , will have bin somewhat great , and also to know how the enemy marches : all their forces of nottingham , at present being gone to leicester , and darby , which makes us beleeve , that it is to intercept our passage , assoon as we have resolved , i will send you word : at this present i think it fitt to let you know the state in which we march , and what i leave behind mee for the safety of lincolneshire , and nottinghamshire : i leave . foote , and wherewithall to arme ▪ more , . companyes of horse , all this to be under charles cavendish , whom the gentlemen of the country have desired me not to carry with me , against his will , for hee desired extreamely to goe , the enemies have left within nottingham . i carry with me . foote , . companyes of horse and dragoones , . peeces of cannon , and . morters , harry germyn commands the forces which goe with mee , as colonell of my guarde , and sr. alexander lesley the foote under him , and gerard the horse , and robin legg the artillery , and her shee majestie generalissima , and extreamely diligent , with a ▪ wagans of baggage to governe , in case of battell , have a care that no troupe of essex his army incommodate us , for i hope that for the rest wee shall be strong enough , for at nottingham we have had the experience , one of our troupes having beaten . of theirs , and made them fly . i have received your proclamation or declaration , which i wish had not bin made , being extreamly disadvantagious for you , for you shew too much fear , and do not what you had refolved upon . parewell my deare heart . the queen to the king , . june , . charles rex , it is not unknowne both to the french king and his mother , what unkindnesses and distastes have fallen betweene my wi●…e and mee , which hitherto i have borne with great patience , ( as all the world knowes ) ever expecting and hoping an amendment , knowing her to be but young , and perceiving it to be the ill craftie counsells of her servants , for advanceing of their owne ends , rather then her owne inclination : for at my first meeting of her at dover , i could not exspect more testimonies of respect and love , then shee shewed , as to give one instance , her first suite to mee was , that shee being young , and comeing to a strange countrey , both by her yeares and ignorance of the customes of the place , might commit many errors , therefore that i would not be angry with her for her faults of ignorance , before i had with my instructions learned her to eschew them , and desired mee in these cases to use no third person , but to tell her my selfe , when i found shee did any thing amisse , i both granted her request , and thanked her for it , but desired that shee would use mee , as shee had desired mee to use her , which shee willingly promised mee , which promise shee never kept , for a little after this , madam st. george taking a distast because i would not let her ride with us in the coach , when there was vvoemen of better quality to fill her room , claiming it as her due , ( which in england we thinke a strange thing ) sett my wife in such an humor of distaste against mee , as from that very houre to this , no man can say that ever shee used mee two dayes together , with so much respect as i deserved of her , but by the contrary , has put so many disrespects on mee , as it were too long to set downe all , some i will relate : as i take it , it was at her first comming to hampton court , i sent some of my councell to her , with those orders that were kept in the queen my mothers house , desireing shee would command the counte of tilliers , that the same might be kept in hers , her answer was , shee hoped that i would give her leave to order her house as shee list her selfe , ( now if shee had said that shee would speake with mee , not doubting to give mee satisfaction in it , i could have found no fault with her , whatsoever shee would have said of this to my selfe , for i could only impute it to ignorance , but i could not imagine that shee affronted me so , as to refuse mee in such a thing publickly ) after i heard this answer , i tooke a time ( when i thought wee had both best ●…easure to dispute it ) to tell her calmely both her fault in the publike denyall , as her mistakeing of the businesse it selfe , shee instead of acknowledging her fault and mistaking , gave mee so ill an answer that i omitt , not to be tedious , the relation of that discourse , having to much of that nature hereafter to relate . many little neglects i will not take the paines to set downe , as her eschewing to be in my company , when i have any thing to speak to her , i must meanes her servant fir●…t , else i am sure to be denied , her neglect of the english tongue , and of the nation in generall , i will also omit the affront she did mee , before my going to this last unhappy assembly of parliament , because there has been talke enough of that already , &c. the author of it is before you in france , to be short , omitting all other passages , comming only to that which is most rescent in memorie : i having made a commission to make my wi●…es joyncture &c. to assigne her those lands she is to live on , and it being brought to such a ripenesse that it wanted but my consent to the particulars they had chosen : shee takeing notice that it was now time to name the officers for her revenue , one night when i was a bed , put a paper in my hand , telling mee it was a list of those that shee desired to be of her revenue , i tooke it , and said i would read it next morning , but withall told her , that by agreement in france i had the nameing of them , she said , there were both english and french in the note , i replyed , that those english i thought fitt to serve her , i would confirme , but for the french , it was impossible for them to serve her in that nature , then shee said , all those in the paper had brevetts from her mother , and her selfe , and that she could admit no other : then i said it was neither in her mothers power , nor hers , to admit any without my leave , & that if she stood upon that , whomsoever shee recommended , should not come in ; then shee badd me plainely take my lands to my selfe , for if she had no power to put in whom she would in those places , shee would have neither lands nor house of m●… , but bad me give her what i thought fitt in pension ; i bad her then remember to whom shee spake , and told her , that shee ought not to use mee so , then she fell into a passionate discourse , how shee is miserable , in having no power to place servants , and that businesses succeeded the worse for her recommendation , which when i offered to answer , shee would not so much as heare mee ; then shee went on , saying , she was not of that base quality to be used so ill , then i made her both hear mee , and end that discourse . thus having had so long patience , with the disturbance of that that should be one of my greatest contentments i can no longer suffer those that i know to be the cause and fomente●…s of these humors , to be about my wife any longer , which i must doe if it were but for one action they made my wife doe , which is , to make her goe to tiburn in devo●…ion , to pray , which action can have no greater invective made against it , then the relation . therefore you shal tell my brother the french king , as likewise his mother , that this being an action of so much necessity , i doubt not but he will be satisfyed with it , espec●…ally since he hath done the like himselfe , not staying while he had so much reason : and being an action that some may interpret to be of harshnesse to his nation , i thought good to give him an accompt of it , because that in all things i would preserve the good correspondency and brotherly affection that is between us . his majestyes instructions given mee at w●…nsteede , the ●…h of iuly , . signed . a true copie , 〈◊〉 tate . oxford ian : / . deare heart , i r●…ceive it as a good augure thus to begin this new ye●…re , having newly received thine of the . decemb. which i cannot stay to decipher , for not loosing this opportunity , it likewise being a just excuse for this short accompt : this day i have dispatched digbies sec : fully relating the state of our affairs , therefore i shall onely now tell thee , that the rebells are ingaged into an equall treat , without any of those disadvantages which might have beene apprehended when tom. elliot went hence , and that the distractions of london were never so greate , or so likely to bring good effect as now hastly that assistance was never more needfull , never so likely as now to doe good to him who is eternally thine . copie to my wife , . jun. . by p. a. this is a true copie examined by miles corbett . oxford , thursday . aprill . harry lest my wife should not yet be fit for any busines , i write this to you ; not to excuse my paines but ease hers , and that shee may know but not be troubled with my kindnes , i referre to your discretion , how to impart my letter to her or any other busines , that so her health in the first place be cared for , then my affaires : and now i must tell you that undoubtedly if you had not trusted to digbie's sanguine complexion ( not to be rebated from sending good news ) you would not have found fault with him for sending mistaken intelligence , for if hee shou'd strictly tye himselfe to certaine truths in this kinde you must have nothing from him but my proclamations or ordinances from the pretended houses , but tell me can you not distinguish betweene what wee send you upon certaintie and what upon uncertaine reports without making an oath the marke of distinction , and are you obliged to publish all the n●…es wee send you : seriously i thinke newes may be some times too good to be told●… in the french courte : and certainly there is as much dexterity in publishing of newes , as in matters which at first sight , may seeme of great●…r difficulty : for as i would not have them thinke that all assistance bestowed upon me were in vain soe i would not have them beleeve that i needed noe h●…pe , lest they should underhand assist any 〈◊〉 to keepe the ballance of dissentien amongst us equall . for matter of newes and present state of my affaires i refe●…re you to digby only this in generall that if it shall please god to assist us this yeare but halfe soe miraculously as hee did the last ( my present state compared with what it was this time twelve month ) i am 〈◊〉 hopefull to see a joyful harvest before next winter ; nor do i thinke this in any humane probability , possible ; except my wife can procure me considerable assistance both of men and money ; of which i conceive little reason to dispaire , your last giving mee good hope , concerning loraine , and though i say not , that , ●…or the other , i have so good an author as . yet i hope you will not much blame my confidence , when . in hers the . of march , saies , jay une affaire assures que vous donnere pistols que je vous eussi envoyé si j'eussi lu mon navi●…r revenu avecl'estain . in the last place i will impose that upon you , that is not reasonable to expect from my wife , which is to give me a continuall accompt , what letters shee receives from mee and what miscarries or comes slowly , to which end ●…ke notice , that all my letters to her are numerarily marked on the top as this with . and likewise i now begin the same with you : soe farewell . in your next let me know particularly how my wife is which though it be not as i would have it , yet the perfect knowledge , will hinder mee to imagine her worse th●…n she is , if well then every word will ple●…se mee . i have commanded digby to write to you freely concerning vvill murry , which i hold to be necessary as concerning muntrosse busines . to the l. jermin . aprill , . concerning france . a true coppie , zouche tate . deare heart , since my last by s●…oquen i have had no meanes of writing , and as little new matter : that which is now , is the progresse of the treaty , of which these enclosed papers will give thee a full accompt : but if thou have them sooner from london then mee , thou hast no reason to wonder , considering the length and uncertainty of the way , i am forced to send by , in respect of the other : for the businesse it selfe , i believe thou wilt approve of my choise of treaters , and for my propositions , they differ nothing in substance ( very little in words ) from those which were last : wherefore i need to say nothing of them , and for my instructions they are not yet made , but by the n●…xt i hope to send them : now upon the whole matter i desire thee to show the q. and ministers there , the improbability that this present treaty shou'd produce a peace , considering the great strange difference ( if not contrariety ) of grounds that are betwixt the rebe'ls propositions and mine , and that i cannot alter mine , nor will they ev●…r theirs , untill they be out of hope to prevaile by force , which a little assistance , by thy meanes , will soon●… make them so ; for i am confid●…nt , if ever i could put them to a defensive ( which a reasonable som●… of money would doe ) they would be easily brought to reason . concerning our intrges here at oxford i d●…sire thee to suspend thy judgement , ( for i beleeve f●…w but pa●…tiall relations will co●…e to thee ) untill i shall send some whom i may trust by word of mou●…h ; it being too much trouble to us b●…th to set them down in paper . copie to my wife . . ian. . this is a true coppy examined by miles corbett . deare heart , i never till now knew the good of ignorance , for i did not know the danger that thou wert in by the storme , before i had certaine assurance of thy happy escape ; wee having had a pleasing false reporte , of thy safe landing at newcastle which thine of the . ian. so confirmed us in , that wee , at least were not undeceived of that hope , till wee knew certainely how great a danger thou hast past , of which i shall not be out of apprehension , untill i may have the happines of thy company , for indeed i think it not the least of my misfortunes , that for my sake thou hast run so much hazard ; in which thou hast expressed so much love to mee that i confesse it is impossible to repa●… , by any thing i can doe , much lesse by words ; but my heart being ●…ull of aff●…ction for thee , admiration of thee , and im●…tient passi●… of gratitude to thee , i could not but say some thing , leaving the re●…t to bee read by thee , out of thine owne noble heart . the intercepting of mine to thee , of the feb. has bred gre●…t discourse in severall persons , and of severall kinds as my saying i was persecuted for places , is applied to all and only tho●…e that i there name to bee sutors whereas the truth is : i meant thereby the importunity of others ▪ whom at that time , i had not time to name as well a●… some there mentioned , for i confess●… . and . are not guilty of th●…t fault , some finds fault as too much kindnesse to thee ( thou may easily voate from what constellation that comes ) but i assure such that i want expression , not will , to doe it tenn times more to thee on all occasions , others presse m●…e as being brought upon the stage , but i answer that having profest to have thy advice it were a wrong to thee to doe any thing before i had it . as for our treaty ( leaving the particulars to this inclosed ) i am confi●…ent th●… wilt be content with it , as concerning m●… part in it , for all the souldiers are wel pleased with what i have done , but expect no cessation of arms , for the lower house will have none without a disbanding and i will not disband till all bee agreed , lastly for our military aff●…ires , i thank god that here and in the west they prosper well as for the north i referre thee to . ●… . informati●…n so dayly expecting and praying for good news from thee ▪ &c. copie to my wife , . feb. . oxford . feb. . a true copie zouche tate . instructi●…ns to colonell cookran t●… be pursued in his negotiation to the king of denmarke . you are to in●…orme the king of d●…nmarke , that by his majesti●…s command , as to t●…e nearest allye of his crowne , his vncle , and whom he beleeves will not be unconcerned in his af●…aires , as well in interests as aff●…ction , you are sent to give a p●…rticular accompt of the state of his majesties aff●…irs , to renew the ancient leagu●…●…nd amitie that hath been between the two kingdomes , and families royall ▪ and to reduce it to m●…re exact particulars , such as might be usefull to the present affaires of england , and all occurrences in the fut●…re of those of denmarke . that t●…e present a●…air of your negotiation , is to demand an assistance from his matie ▪ such a one as the present state of the affaires of england requires , against a dangerous combination of his maties subjects , who ha●…e not only invaded his matie in his particular rites , but have laid a designe to dissolve the monarchie and frame of gov●…rnment , under pretences of libertie and religion , becoming a dangerous precedent to all the monarchies of christendome to be looked upon with successe in their designe . that the nature of their proceedings hath been such as hath not admitted any forraigne treaty to be interessed in suppressing their designe , without giving them advantage of scandaling his maties intentions , and drawing away vniversally the hearts of his people , whom they had insinuated under pretence of reformation of particular abuses of government , and ministers of estate , to concurre generally with approbation of their proceedings , and in which ( though the dangerous consequence ●…nd designe were visible to his matie ) a present complyance was necessary least any publique opposition on his maties part , that might seeme to defeate the greate expectations which they had raised in the commons in those plausible particulars might have occasioned a gener●…ll revolte , throughout the kingdomes , great jealousies being dispersed and fomented amongst them o●… his maties forraigne treaties and force , to be used to oppose and suppresse those their desires and the moovers therein . vpon the credit they had ●…erewith built on the peoples opinions , they proceeded under pretence of reforma●…ion of religion to dissolve the government of the church , according to its constitution in england a chiefe columne and support to that monarchy and crowne . they lastly invaded his matie in all the prerogatives of his crowne , and under pretence of ill ministers and councellours of estate , whom they pretended to remoove endeavoured to invest in themselves in all times for the future the domination of all ministries of estate , and of his maties family ; withdrew all his revenues into their own hands , and ●…o confirme themselves in an absolute power of disposing his estate , en●…red upon possessing themselves of the militia of the kingdome , his navy and magazins , in which his matie. being forced to appeare in opposition , dangerous tumults were raised against him , so that hee was forc●…d to fo●… sa●…e london , for preservation o●… his person , his q●…eene and children . that since for the safety of the queen he hath be●…n forced to send her ●…nto ho●…and , to retire himselfe to the best affected party of his subjects , from whence by declarations setting forth the sinister proceedings of that faction , discovering their designes of innovating the government , and falsifying the scandals they had imputed to him , he hath had the advantage generally to undeceive his people , to draw to him universally the nobility and gentry of the kingdom . but the other faction still keeping up some interest and credit with the commons , in the desperate estate they finde themselves begin to make head against him , have appointed a general , and are leavying forces to maintaine their party , committing divers acts of hostility , violence and rebellion . that his majestie having great encouragements given him by the exceeding numbers of gentry and noblemen that resort to him , is already advanced neere them with . horse , and . foot . that the states of holland have condescended to give her majestie the queen a convoy of the greatest part of their fleet now at sea , for her returne into england . that divers forts and counties upon his majesties personall app●…arance , have declared for him , so that his affaires at home grow daily into a better estate , as he likewise expects and hopes , that all his neighbour princes and allies , will not looke upon so dangerous a precedent to their own crowns and monarchies , without contributing to suppresse this so pernitious a designe , begun within his kingdom . that to give his majesty the juster ground to reflect upon the dangerous consequences , in relation to his own interest , of their successe . it hath been by them publikely moved in the commons house long since , to interpose in the accommodation of the dutch and to set out a fleete , to take away his customes of the sound . that they have since imputed to his mtie. . as a ground to scandal him with his people , that he did negotiate , the introducing by his uncle the king of denmarke a forraigne power to settle his affaires , and under that pretext have given large commission , and particular instructions to the fleete , to visite , search , and intercept all such danish ships , as they should meete , and to fight with , sinke or destroy , all such as should resist th●…m , not permitting the same , or to take and detaine them , having any armes or ammunition on board ; according to which they have searched , visited , and detained divers , to the great prejudice and interrup●…ion of the norway trade driven commonly in this kingdome , in their owne bottomes : and that they did prepare force against others , whom they permitted not to water , nor any other accommodation being bound for the west-indi●… , and put in by stresse of weather in the west of england ▪ th●…t in pursuance of their great designe of extirpating the royall bloud , and monarchie of england , they have endeavoured likewise to lay a great blemish upon his royall family , endeavouring to illegitimate all derived from his sister , at once to cut off the interest and pretentions of the whole race , which their most detestable and scand●…lous designe they have pursued , examining witness●…s , and conferring circumstances , and times to colour their pretensions in so great a fault : and which as his sacred majestie of england in the true sence of honor of his mother , doth abhor , and will punish , so he expects his concurrence , in vindicating a sister of so happy memory , and by whom so neare an union , and continued league of amity , hath been produced between the families and kingdoms . that the particulars in which his majestie doth desire his assistance , are , in the loane , and raising of men , money , armes , and ships , all or such of them as may consist best with the convenience of his own affaires : and of such in the first place as may be most requisite and a wanting to his majesty . that to set his leavies on foot , and put him in a posture to protect his subjects in all places that adheare to him , and receive their contribution ; . li . will be necessary for him , which his majesty desires way by way of loane . and for the restitution of it , besides his kingly word , and solemne engagement upon this treaty , he is contented of such his crowne jewels as are in his disposure , to leave his royal pledge , if it shall be desired . the particulars of armes that he desires , are . musquets , . horse-armes , and . pieces of field artillery mounted . assistance of men , he desires onely in horsemen , and to know in what time they may be ready , and how many . that the holy iland , or new-castle are designed for the landing of the said horse , and m●…gazin of the said provisions , for reception likewise , anprotection of such his ships as he shall thinke fit to employ for the countenance and security of those his subjects that shall trade upon these coasts ; and for ascertaining the correspondence , and intelligence between the two kingdomes ; in which the number is left to be proportioned as may best sort and agree with his owne affaires . and for which the holy iland is conceived one of the aptest harbours in his majesties dominions , being capeable of any ships whatsoever , in a very great proportion , an excellent ro●…de at the entrance , a ready out lett , and a strong fort under his m●…jesties command . that in lieu of his assistance contributed by the king of denmarke , his majestie will obliege himselfe , and ratifie in expresse articles to restore into the magazines of denmarke , a like proportion of armes and ammunition , to 〈◊〉 and defray the charges of the money lent , and leav●…es of horse , ●…nd so soon as his 〈◊〉 sh●…ll be settled , and himselfe in a condition to doe it upon all occasions to contribute the assistance of his fleet , in maintaining his right and title to the customes of the sound , against all persons whatsoever ; and to ratifie the treaty that was made last by sir thomas roe , to enter into a league offensive and defensive , against intestine rebellions . in pursuance of which treaty , while the negotiations and articles may be severally perfected , his majestie doth expect this first supply of moneys , and armes , present affaires , not admitting a delay in the same . that in case the king of denmarke will lend money upon jewells , there is in holland a great collar of rubies , and another of rubies and pearle , that may be sent to him or delivered to his agent here : who may have order to pay the money here : or any other jewells . that there have beene in discourses , severall propositions of accomodation made by them to the king , to which the king hath at all times made more advances on his part , then in reason could have beene expected from him , and the difficulties have still risen on theirs . and that wheras his majesty doth understand , that a person is addressed to the k. of denmarke from his parliament , to insinuate misunderstandings abroade with his majesties allies , as they have done at home among hi●… people , his majesty expects that he be neither received , nor permitted to remaine within his dominions , to become an intelligencer and spye upon the treaty and negotiations betweene their majestyes , but that he be diomist and sent away so soone as ever he shall arrive . annotations . much use may be now made of these precedent papers , & many things therein will appear very worthy of our notice . for , . it is p●…aine , here , first , that the kings counsels are wholly governed by the queen ; though she be of the weaker sexe , borne an alien , bred up in a contrary religion , yet nothing great or small is transact●…d without her privity & consent . see pap. . if the prince make suite to bestow a place in his own bedchamber upon a gentleman of extraordinary merit . the king cannot grant it , to save his sons reputation , already ingaged by promise , till he hath sent into france , and beg'd the queen grant . see pap . . . the queens counsels are as powerfull as commands . the king professes to preferre her health before the exigence , and importance of his owne publick affaires . see pap . ●… , &c. ) he avows constancy to her grounds and documents , see pap . , &c. . the queen appeares to have been as harsh , and imperious towards the king , pap . . as she is implacable to our religion , nation , and government . she doth the offices of a resident in france , to procure imbargoes of our ships , to rayse forreigne forces against us , and in this she is restlesse to the neglect of her owne health , she vowes to die by famine , rather then to faile the king in such like negotiations , see pap . she confines not her agency to france , but sollicits lorrain for men , the prince of orange for shipping . she sends armes for scotland to montros ▪ speeds colonell fitz williams his commission for ireland ▪ pap . . the counsels also in england which she gives the king are of very pernitious consequence , thereby the parliament must be disbanded , pap . . treaties must be suspected , great care must be had in them of her , and her religion , pap . . bishops and catholicks must be specially provided for , pap . . the king must be forwarned , that he cannot be safe longer , then he defends all that have served him , pap . . that peace cannot be safe to him without a regiment for his guard ●…ala mode du france . pap . she interposes so in the businesse of ireland , that the king is not seene therein , nor oblieged to any thing immediately , pap . . . the king doth yet in many things surpasse the queene for acts of hostility , and covering them over with d●…eper and darker secrecy . he imployes collonell coockrayn to sollicite the king of d●…nmarke , making not onely papists our enemies for religions ●…ake , but all princes though protestants for monarchies sake , rather then fai●…e of ayde from thence , he stirres rumours about his mothers chastity , he promises to disobliege the hollander in the busines of the sound ; he pawnes the jewels of the crowne , pap . . he presses the q●…een beyond her own fiery propension , urges her to make personall friendship with the queen regent , furnishes her with dextrous policies , and arguments to worke upon the mi●…isters of state in france . of his owne accord , without intreaty he proposes to the queene the taking away all penall statutes against recusants in england . t is true , he doth all by way of bargaine for his owne particular advantage : but the papists conditions are better then ours , in regard that the queen her self is trusted with that merchandise , pap . . he prostitutes his pardon and grace to the irish rebels , importuning ormonde , to use importunity to them , that they will accept of indemnity , and free use of popery , and desire nothing in lieu thereof , but that they will transport sixe thousand men into england , and some other supplies into scotland . for this purpose he sends posts after posts , and hastens the businesse the rather because being in treaty with the two parliaments of england and scotland , about prosecution of the irish , he may be prevented therein , and preingaged not to consent , see pap . . , , ▪ he onely excepts against appeales to rome , and pr●…munires . all other things he th●…nkes cheape enough for the irish . he must not now stand upon scruples ( t is his owne word ) all things not d●…sagreeable to conscience and honor are to be admitted , & so to g●…ant free exercise of idolatry , though ab●…urd formerly , to the most odious , flagitious murderers in the world , is but a scruple not disagreeable either to conscience or honour . to bargaine away our acts of parliament by such clandestine ingagements , as passe onely by papers , and dare not looke upon the light , especially such acts as concerne our greatest interrests , even those of religion , supposes us to be slaves of the basest aloye : and t is strange that the irish and papists should at all rest upon the strength of such assurances , when they see records and parliament rolls are of no vertue at all , either to the english , or protestants , see pap . . , , ▪ he calls us a parliament publikely , yet acknowledge us not a parliament s●…cretly , he suppresses still his not acknowledgem●…nt , onely he enters it in the councell book at oxford , and so though it be smother'd to us , whom it most concernes , yet t is registred for our enemies use , upon all occasions of advantage . this favour we found from the councell at oxford , that the name , though not the thing , should be imparted to us : but even this was not willingly and freely allowed by the king , had but two of his advisers sided with him , all the rest should have ballanced nothing at all in this case . this is a signe they sit there to great purpose , for though they are more worthy to be consulted with then parliaments : yet their votes are but indifferent things , meere formalities , especially if there be any dissent at all amongst them , see pap . . he in shew seekes treaties , and wins upon the people by that shew , yet chuseth such commissioners , and bindes them up with such instructions , that all accommodation is impossible . his aime is to winne upon our commissioners , and for this purpose gives authority to propose rewards and other allurements , pap . . gives avisoes to caiole the scots and independents ; as to the duke of richmond , pap . . presses for forraigne auxiliaries the more eagerly , pap . . . hopes to cast the odium of the breaking of the treaty upon our ●…ide , pap . . , , , , . he seems more zealous for bishops and papists ( cal'd his , and the queens friends ) then the queene her selfe , and therefore assures her of his resolution therein , without any request of hers , pap . . he doth not thinke fit to treat with the rebels , onely by the interposition of the queen or of ormonde , but he sends particular thankes to browne , muskery , plunket , pap . . he pretends sometimes to have the hearts of the major and better part of his protestant subjects firme to him in this cause , yet trust none but papists , and therefore is advised by the queene , pap . . by no meanes to disband for this reason , because all the militia is generally in the parliaments hands . we see what opinion the king hath of wilmot , percy , sussex . we see what opinion he hath of the lords and commons at oxford who have discerted their trust here , out of confidence in him : the . paper here tells us plainely what use the king makes of them . the king will declare nothing in favour of his parliament , so long as he can finde a partty to maitaine him in this opposition ; nor performe any thing which he hath declared , so long as he can finde a sufficient party to excuse him from it . and indeede it is a sad consideration to thinke what unhappy use the king hath ever made of the obedience , and patient loyalty of this nation ; finding alwaies that he might without any opposition or danger at least deny their just liberties , laws , and the very use of parliaments ; or if some urgency , or his own necessities , or advantages had caused him to call a parliament he might afterwards with as little opposition , deny whatsoever he granted under his owne hand ; as the petition of right obtained with some difficulty , and broken immediately after without any scruple may sufficiently testifie . the pacification with scotland was not assented to , until the english people shewed some aversenesse to that wicked warre ; and were loath any longer to fight for their owne slavery , nor was that pacification any longer kept ; then till a party strong enough was found to maintaine the breach of it . but without other instances , this parliament had beene happie , the king glorious , and his people flourishing , if the king had found none to side with him against all these ; and it is strange that so long experience had not taught them more wifedome . but they are now justly rewarded , and if they will but view the kings letter dated m●…rch . . where it will be app●…rent to them he calls those , who have deserted their trust in parliament , and given up their fortunes and consciences to a compliance with his will , by the name of a base , mutinous , and mungrell parliament , and despises them for retaining some little conscience to religion , and this parliament . lords and gentlemen , make the right use of this ; and if you be not wicke●… enough to serve that purpose fully , to which you are designed : endeavour to repent , and learne so much goodnesse , as may bring you back to the right side . there will shortly be no medium left you : whatsoever you thought in the begining ( as our charity may thinke you were deceived ) you will finde at last , that unlesse you thinke and act the same things , which those unhumane irish rebells , or the worst forraigne enemies to our religion and state could wish to see done , you are no fit instruments for that cause , which you have unhappily chosen , unlesse you returne to the right way , you must goe as farre in the wrong one , as that will leade you . the chronicles tell us that henry duke of buckingham was deare to richard the third , whiles he had so much wickednesse as to further the deposing or disinheriting of his two nephewes : but when he was not bad enough to consent to the murder of those princes , he was rejected by that king , and afterwards beheaded , if you cannot learne how to goe through with wickednesse : learne a better lesson to returne to goodnesse ; or else perhaps the wrong which you have done your country in betraying her trust , and by consequence shedding so much innocent bloud , may be at last revenged upon you , by them , for whom you did it . the king , who despiseth you by the name of mungrells , as not altogether firme enough to his owne designe , in another late letter to the earle of ormond , gives thankes to muskeny , plunket , and browne , the cheife actors in that horrid massacre of ireland . which may teach the world what kind of men he confides truly in , and who they are that must reape the benefit of his conquest , if god ( for the sinnes of our english protestants ) should permit it : if muskeny had beene at oxford , the king had had one man more of his owne opinion , in not acknowledging the parliament of england , for want of such , he is forced to complaine . and you may plainely see what a dishonourable use is made of your persons there , as men meerely operis secundi , a number onely that serve to give countenance and credit to the designe of a dearer partie , and to perswade your countrey , not for your owne behoofes , what is said to you , may be said to all , that are leade by you , to all those thousands which have followed the king as your traine ; for the same opinions which render you now contemptible to the king : render you acceptable to the major part of protestants , which fides with you , and did at first make the kings power so considerable , as it is , if there be any thing of protestants , of english men , of men remayning in you , resume that , whatsoever it be , either acknowledge your selves such , as the king calls you under the rose , when he opens his breast to the only partaker of his thoughts ; or declare your selves such patriots ▪ such true sonnes of the church as the king pretends you to be , when he spreads his oratory before the people . if we be rebels at london , because we are not so servile as you are , and you are mutineers at oxford , because you are not so servile as the king would have you . let us know by what definition either you or we are measured , and how we are distinguisht , and let us see that other third remaining party which the king ownes as his loyall faithfull party indeed . it concerns you to look both forward and backward , and having now taken the dimention of the kings minde by his secret letters , turne about awhile and looke upon the same in his publike declarations . see if you can reconcile his former promises to his present de●…ignes ; for as you have had some representation of the latter in the former part , you shall now be made spectators and judges of the former in this latter part . the king ( according to digbies superstitious observation ) in his letter of jan. . last , takes it as evident , that straffords innocent blood has brought the judgement of this civill war equally upon both sides , both being equally guilty thereof . the kings meaning is , that he and his ●…ide was as guilty in permitting as the parliament was in prosecuting . but now for canterburies blood , that being totally put upon the parliaments score , he doubts not but the hand of justice will from henceforth totally lay the weight of this guilt upon the parliaments side . the truth is , strafford and canterbury were the chiefe firebrands of this war , the two ill councellors that chiefly incensed the king against the scots , and endeavoured to subject all these three kingdoms to a new arbitrary government , and were justly executed for attempting that subvertion of law which the king has perfected since . the king and digby both adjudged strafford wor●…hy of death , yet not for treason , as it was charged , but not being able to save his life , without using force , and finding force very dangerous they left him to the blocke , against conscience , as is now alleadged . canterbury remains in the same case , and now remorse of conscience ( o●… rather the old project of altering law ) suggests to the king ▪ that if no resistance be used . straffords president will cast canterbury , and canterburies all the rest of the conspirators , and so the people will make good their ancient freedom still . hereupon discontents break out , the king withdrawes into scotland , during his abode there the rebellion in ireland , some attempts against marquesse hamilton and others in scotland , and some other dangerous machinations in england put us into strange terrors and apprehensions . the king at his returne , decemb. . . complains of these jealousies , frights , and alarms , with this profession ▪ i am so farre from repenting of any act done this session for the good of my people , that if it were to doe againe i would doe it , and will yet grant what else can be justly desired . he concludes with a recommendation of the businesse of ireland , and finding the preparations for the same slow , againe on the . of decemb. he is patheticall in quickning them thereunto . all this notwithstanding the parliament findes the old faction at court to grow strong , and daily to attaine to more prevalence with the king , which besides other causes of jealousie makes them lay open the indisposition of the whole state in a plain and sharp remonstrance , decemb. . with the remedies thereof proposed . the king as to the businesse of religion answers , for preserving of the peace and safety of the kingdome from the designes of a popish party , we have and will concur with all just desires of our people in a parliamentary way . for ireland wee thanke you for your care and cheerfull ingagement for the speedy suppression of that rebellion , the glory of god in the protestant profession , the safety of the brittish there , our honour , and this nations so much depending thereupon , &c. your promise to apply your selves to such courses as may support our royall estate with honour and plenty at home , and with power and reputation abroad , is that which we have ever promised our selfe , both from your loyalties and affections . here are words that sound nothing but grace , and here is a cleare testimony from the kings owne mouth , concerning the merit of this nation to this day ; but notwithstanding these promises and testimonies , the king discovers daily more and more regret for straffords execution , sticks closer to the counsels of the same faction , and instead of hearkening to his parliament , he commands a charge of treason to be framed against six members , the most eminent and active in both houses . also upon the fourth of jan. the king comes in person with a great traine armed into the house , and missing the five members there , tels the rest that he must have them wheresoever he found them . here was the fatall commencement of the war , for the next day the house declares , that they cannot sit in safety any longer at westminster , and therefore they adjourne for some daies , and retire into the city . decemb. . they petition for a guard out of the city , under command of the kings lord chamberlaine the earle of essex , which is denyed , yet with these expressions : we are ignorant of the grounds of your apprehensions , but protest before almighty god , had we any knowledge , or beliefe of the least designe in any of violence , either formerly , or at this time against you , we would pursue them to condigne punishment , with the same severity and detestation as we would the greatest attempt upon our crowne ; and we do ingage solemnly the word of a king , that the security of every one of you from violence , is , and shall be ever as much our care , as the preservation of us and our children . these words were sweetly tempered , but wonne no beliefe , nor could over-power contrary actions , wherefore the major , aldermen , and common-councell of london , seeing nothing but symptomes of war in the court , frame a petition , praying the king that the tower of london may be put into the hands of persons of trust , that by removall of doubtfull and unknowne persons from about whitehall and westminster , a knowne and approved guard may be appointed for the safety of the parliament , and that the accused members may not be restrayned or proceeded against , otherwise then according to the priviledges of parliament . the king grants nothing , but answers , that his reception of such an unusuall request , is a sufficient instance of the singular estimation he hath of the good affections of the city , which he believes in gratitude will never be wanting to his just commands and service . hitherto the king speaks nothing , but in justification both of the cities , parliaments , and peoples loyalty . the tumults about whitehall , &c. amounted to no war , are imputed by the king to the rabble , and by us to the kings party ; the parliament is acquitted except the sixe members , and the prosecution of them also is after declined by the king , yet the king departs from the city , as unsafe , seeing plainly it could not be ●…verted from the parliament . upon the . of jan. the king sends a message to the parliament , to state the differences on both sides , promising that when they are digested into a body , fit to be judged of , it shall appeare what he will do . in answer hereunto , the commons house ( the lords refusing to joine ) onely petition for the raising up unto them and the state a sure ground of safety and confidence , that the tower of london and the militia of the kingdome may be put into such persons hands as they should recommend . the king replies ; that the militia by law is subject to no command but his owne , which he will reserve to himselfe , as a principall and inseparable flower of his crowne , professes to take care of peace , and the rights of the subject , equally with his life , or the lives of his dearest children : he further also conjures them by all acts of duty and favour received , by hopes of future mutuall happinesse , by their love of religion , the peace both of this kingdome , and ireland not to be transported with feares and jealousies . the parliament could not believe themselves secured by these professions or asseverations , & the king would not understand , that the setling the militia at this time in confiding hands , to prevent civill war , was any other , then the taking the crowne from his head . hin●… ill●… lachrymae ; the king neverthelesse persists to declare his abhorrence of the irish rebellion , frequently inciting the parliament to send succors . he also strangely abjures any privity to plots or designes against the lawes , &c. and further makes strict proclamatlon , march . for putting lawes in execution against the papists . the parliament seeing cause to suspect that the king and queene did still favour digby & others flying from the justice of parliament , and appearing to be incendiaries by letters intercepted , knowing also that the queen was going into holland to pawne the jewels of the crowne for armes ; and having divers other grounds of further apprehensions , againe petition concerning the setling of the militia , and the kings returne but are denyed in both . thoughts of peace are now laid aside , and hull being a strong towne , and a magazine of armes , as also newcastle being the publike magazine of fuell , and a rich place , are looked upon with sollicitous eyes but as the parliament prevents the king in hull , the king prevents the parliament in newcastle : yet the war being so far advanced , is scarcely avowed on either side , nor is it agreed which part was put to the defensive , and therefore on the . of june , . before any blood shed , another assay is made for peace , and the parliaments cause stated fully in . propositions , are dispatched to the king ; the maine things desired were reformation in church government , that power military and civill might be put into confiding hands ; that justice of parliament might passe upon delinquents , but the answer returned is , that if these things were granted , the king should remaine but the out side , but the picture , but the signe of a king . this , though it was the trumpet of war and the sound of defiance in effect , yet was not so owned , for still the king saies , he intends not to fixe any disloyall designe upon both or either house of parliament , he is rather most confident of the loyalty , good affections , and integrity of that great bodies good intentions : but the malignity of the des●…gne ( he saies ) hath proceeded from the subtill informations , mis●…hievous prac●…ises , and evill councels of ambitious turbulent spirits , not without a strong inf●…uence upon the very actions of both houses . this was the utmost charge of treason , that could be then brought against the parliament ▪ , and the propositions of the parliament treated lately at uxbridge , in febr. . being no other in effect , then these of ●…une , . this inference may be truly made , that the king hath no cause to looke upon us now , otherwise then as he did then ; and if he have varied since from those vows and asseverations which he made then , the blame will not remaine on this side , but on his ; so that the very calling to minde what hath been said by the king , will be now sufficient for our purpose . . wherefore , as to the taking up of armes at all against the parliament , june . , the king in his declaration to the freeholders of yorkeshire , renounces any intention of war , his words are , to the end this present posture , wherein we meet , should not affright you with the distempers of the times , we wish you to looke into the composition and constitution of our guard , and you will finde it so far from the face or fear of war , that it serves to secure you as well as us from it , &c. also june . in his delaration at yorke , he useth these words ; wee againe , in the presence of alusighty god our maker and redeemer , assure the world , we have no more thought of making war against our parliament , then against our owne children . to the fame purpose he made all his lords signe a testimoniall with their own hands , in affirmance of his profession . t is true , afterwards when he tooke the field with his increased guard , and became the assaylant at hull , ( having also possest himselfe of newcastle ) he was driven to save himself by distinctions , for he had not disclaymed all war in generall , but all invasive war , and if the siege of hull had some shew of invasion , yet indeed it was but in order to his defence , and this was a subtilty that all the sub●…igning lords and others , it is thought , had not foreseene till now . . as to the waging war against the parliament , june . the king disclaimes all thoughts of war against his parliament , and in july , after the date of the earle of essex his commission , he abhors the like , desiring no longer the protection and blessing of almighty god upon himselfe and his posterity , then he and they shall solemnly observe the lawes in defence of parliaments . also on aug. . after he acknowledges that the king and parliament are like the twins of hyppocrates , which must laugh and cry , live and dye together . so this guides us to more distinctions , that the king may defend himselfe against a parliament , yet not fight against it , or he may assaile a malignant party in parliament , yet not touch the parliament it selfe : these distinctions hold good on this side , not on that : but by what distinction will the king put a short period to this perpetuall parliament without violence ? or how can he deny it the name of a parliament without hostillity ? examine the letters further about this . as to the waging of war by papists . the king august . when the earle of essex his army was in forming , in his speech to the gentry of yorkshire avers , that he had taken order that the power of the sword should not come into the hands of papists . and aug. . he makes strict proclamation , that all papists presuming to list themselves under him as officers or souldiers , should be punished , and a way by oath was prescribed for discrimination of them . also aug. . the king gives instructions to his commissioners for arrays to disarm all papists . so octob. . after the battell at edge-hill the king thinks it worth his excuse , that he had some few popish commanders in his army , taken in of great necessity , he concludes thus ; we shall never forget our severall oathes in our severall declarations , we are too much a christian to beleeve that we can breake those promises and avoid the justice of heaven . t is true , afterwards a new distinction came to light , for upon a petition from the lancashire papists , the king did avow , that papists were by law prohibited armes in time of peace , not in time of warre ; and therefore he did not onely authorize but require them to arme themselves , servants , tenants , and use the same armes , &c. this distinction bore date long after the war begun , but that was want of invention only . . as to managing the warre by irish papists , he had never before named them but with a bleeding heart : his words once were , we hope the lamentable condition of ireland will invite us to a faire intelligence and unity , that we may with ●…ne heart intend the relieving and recovering of that unhappy kingdome , where those barbarous rebels practise such inhumane and unheard of outrages upon our miserable people , that no christian eare can heare without horour , nor story parallel . at an other time thus : we conjure all our subjects , by all the bonds of love , duty , or obedience that are precious to good men to joyne with us for recovery of that kingdome . in july , at the siege of hull , he conjures both houses as they will answer the contrary to almighty god , to unite their force for recovery of ireland . in october , from ayno , in his proclamation , he excuses the taking of clothes and some draught-horses sent for ireland , as done of necessity and against his will . in december the king answers some irish protestants thus : since the beginning of that monstrous rebellion i have had no greater sorrow then for the bleeding condition of that kingdome . nay , since the treaty at uxbridge , the king in publike washes his hands of all countenance given to the rebels , and turnes the blame upon the parliament , though in private he had beene ( as it were ) a suiter to them for peace , and some assistance from them by private letters to ormond . quere how this may be reconcileable , &c. as to the granting of a toleration . the king march . , in answer to the parliaments declaration , uses these words , our faithfull and zealous affection to the true protestant profession , and our resolution is to concurre with our parliament in any possible course for the propagation of it and suppression of popery . in april . he calls god to witnesse , with this assurance , that he will never consent ( upon whatsoever pretence ) to a toleration of the popish profession , or abolition of laws now in force against recusants . also april . he has no other end but to defend the true protestant profession , &c. god so deale with us , as we continue in these professions . so in his speech in the head of his army , sept. . so in his proclamation of pardon to london , october . all the professions we have made in our severall declarations for suppression of popery and maintenance of religion , the laws , &c. shall be as inviolably observed by us , as we expect a blessing from almighty god , and obedience from our subjects . quaere then how this may be confistent with taking away statutes in england and ireland made for suppression of popery , and that by the armes of papists . as to the bringing in of forraign force , the king march . . in his declaration from newmarket , saith , whatsoever you are advertised from rome , venice , paris , of the popes nuncio's soliciting , spain , france , &c. for forraign aids , we are confident no sober honest man can beleeve us so desperate or sencelesse to entertaine such designes as would not onely bu●…y this our kingdome in sudden destruction and ruine , but our name and posterity in perpetuall scorne and infamy . also march . . about solicitation suspected of the king of denmarke , his words are , we have neither so ill an opinion of our owne merits , or the affections of our subjects , as to thinke our selfe in need of forraigne force . also august . . the king in his speech to the gentry of yorkshire acknowledges , he is wholly cast upon the affections of his people , having no hope but in god , his just cause , and the love of his subjects . what distinction can now satisfie us , that neither irish , french , lorrainers , dutch , danes , are forreiners ? the concealing of this by sealing up the lips of the queene and ormond , and cockram must supply all distinctions . finis . notes, typically marginal, from the original text notes for div a e- the little that is here in cypher is in that which i sent to thee by pooly . notes for div a e- note this paper concerning cockram was not intercepted amongst th●… kings letters , but is otherwise atte●…ted . the cordiall of mr. david ienkins: or his reply to h.p. barrester of lincolnes-inne, answered. parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p a thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the cordiall of mr. david ienkins: or his reply to h.p. barrester of lincolnes-inne, answered. parker, henry, - . [ ], p. printed for robert bostock, dwelling in pauls church-yard, at the signe of the kings head., london: : . a reply, by henry parker, to: jenkins, david. the cordiall of judge jenkins, for the good people of london. reproduction of the original in the british library. eng jenkins, david, - . -- cordiall of judge jenkins, for the good people of london. jenkins, david, - -- imprisonment -- early works to . detention of persons -- england -- early works to . a r (thomason e _ ). civilwar no the cordiall of mr. david ienkins: or his reply to h.p. barrester of lincolnes-inne, answered.: parker, henry c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion the cordiall of mr. david ienkins : or his reply to h. p. barrester of lincolnes-inne , answered . london : printed for robert bostock , dwelling in pauls church-yard , at the signe of the kings head . . master jenkins his reply answered . in all the papers which m j. weekly almost publishes ( to slander and condemne the parliament of rebellion , perjury , oppression , cozenage , &c. ) his maine artifice , and that which most infects the people , is , his blending and confounding things together , which are in nature different , and by all meanes ought to be discriminated . in three things especially his want of ingenuity is most obvious , and his not distinguishing most advantagious to him . for , first , he puts no difference betwixt that latitude of power which is due to a just just in just things , and when he pursues the true interest of his people ; and that power which consists in doing wrong . and yet nothing is more notorious then this , that the kings of england have vast prerogatives in doing good , but none at all to do any man , much lesse the whole state , harme . secondly , he distinguishes not betwixt those actions of the subject which are done in times of necessity , and upon extraordinary extremities ; and those which are done in ordinary times , when there is no speciall emergent cause to inforce them . thirdly , he compares not the smaller matters of the law with the weightier , but attributes to both alike ; nay , when both 〈◊〉 consist or take place at the same time , he makes the weightier law give way to that which is of lesse consequence , and may be reckoned , inter apices juris . the law will admit of a private mischiefe rather then a publike inconvenience ; as nature will suffer this particular quantity of water contrary to its owne propenfity to be violented and rapt upwards , rather then that any vacuity should be in the universe . but m. j. sometimes will indure publike mischiefe , rather then private inconveniences ; he will rather allow that salus populi shall be opposed , then such or such a branch of prerogative , or the propriety of the subject should be strained . law is not so dull a study as some men would have it , nor are its bounds restrained to the ordinary actions and pleas of j. a nokes and j. a stiles , about a carve of ground , &c. no ; the profession is farre more noble , and as its basis , is reason improved with logick , so its pyramis is policy crowned with history and philosophy . that lawyer therefore that will argue upon this high subject , which m. j. now undertakes , ought to roote himself deeper , before he begins to build up his argument , and to take notice of these premisses : . that all men who are qualified , and exalted to beare rule in a spheare above other men , are so dignified and differenced by some commission ; which commission must be granted by man immediately , or else by god extraordinarily , and immediately . . that in this age ( which knowes of no oracles , or miracles remaining ) god does not immediately , and otherwise then by the same providence ( as rules in other humane affaires ) either designe the persons , or distinguish the prerogative of any kings or potentate . god is not said more properly to promote to the crowne of england edward the fourth , then henry the sixth ; nor to make a king of france more unlimitable then a king of england : these things are left to men , the same providence of god attending them , as attends other matters . yea , the scripture is most cleare in this , that when god by immediate and extraordinary orders from heaven did interpose in designing saul to the throne of israel , yet he did it by lottery , and did it so , that saul might be said elected , and constituted by the people , as well as designed by god . and indeed since all princes , whether hereditary , or elective , whether more absolute , or more conditionate , whether inthroned by just title , or by tortion , and meere force , have commissions equally from heaven : how can we thinke that heaven acts immediately alike in all ? since cyrus is as well gods anoynted in those provinces which he wins by the sword , as in those which come to him by descent ; and the french king is as truly gods vicegerent now in france , as charles ( whom he has intruded upon ) is in england ; and since the king of spaine , by speciall law of heaven , can claime no larger supremacy in castile , then in burgundy , in naples , then in arragon ; what an unreasonable thing is it , to ascribe all these devolutions of rule , and variations of power to the immediate hand of god , which changes not , rather then to the acts of men , which are seldome permanent ? . that if we will suppose that princes commissions are all immediately drawne and signed by god , yet we cannot suppose that gods commission ever inabled any man to do injury ; his charge to all kings is contrary , and does inhibite all insolence in comportment , nay even all elation of heart . and for man , ( so far as princes are inaugurated upon earth ) we see by experience they all almost have their visible terries , and boundaries set to them ; and it were most unnaturall if the intendment of all humane lawes should not referre to the safety of the people . . that if any obscurity or ambiguity be in other lawes , yet in the lawes of england there is none at all . all our books proclaime our nation to be a free nation , and our kings to be limited from doing any wrong . and because there may be dispute about the interpretation of these generalls , therefore particulars are deduced out of them , and our lawes do not onely declare us free , but wherein our freedome consists ; nor do they binde the king from wrong but specifie withall , what is wrong to the subject . if the king arbitrarily change our lawes , raise subsidies , impose taxes , imprison our bodies , deny , delay , or sell justice to us ; this is declared to be wrong , and inconsistant with our freedome . and if any question arise about our charters , the king himself cannot interpret , or sit as judge , he is in all cases taken to be a party , and so incompetent to sit as judge . his sworne judges are to do right betwixt him and the subject out of parliament , and the two estates are to do right above the judges , if need be , in parliament . and in case of any perplexity or doubt , the liberty and safety of the people is to be preferred before the prerogative of the king ; and all interpretations must rather favour that interest which is generall , then that which is particular . and for the military power of england , as the king ought not to use any other then the naturall liege people of england in his warres ; so neither can he presse the people of england to serve in his warres at discretion . if the warre be forraigne , or against a forraigne power , the parliament ought to be consulted in it ; but if force be to be used against subiects , that force is to be meerely sub-servient to law , and whether it be to execute ordinary judgements , or to suppresse riots , or insurrections ( how dangerous or great soever ) the sheriffe , and other ordinary officers of justice ought to be imployed in the businesse , and those which are so imployed are to be directed solely by the judges and courts of the land in speeding law , and not at all by any extrajudiciall command of the king in opposition to law : if these things were not so , the king of england could not be restrained from doing wrong , our kings would be above all law , and the law could have no power above them , and if our kings were above lawes , and not restraineable thereby from doing wrong , the people of england were not a free people , but as remedilesse slaves , as the grand signiors vassells are . our lawes provide against servitude in us , but that were vaine if they did not provide also for efficacy in themselves , in so much as lawes , if the king were above them , and so might alter them at pleasure , or interpret them according to his owne sence , or could execute , or not execute at discretion by being sole master of the sword , would be no better then cobwebs to us . by the light which reflects from these fundamentalls premised , we shall now the better view and examine that which mr. jenkins replyes to the eight particulars of h. p. in the first particular the question is , whether the house of commons have power to examine a delinquent or no , mr ienkins holds the negative upon this ground , that they have neither the kings writ , patent , nor commission for it . it was answered , that they did both sit and act by the kings writ , and something greater then the kings writ . mr ienkins not being able to deny that the parliament was summoned by the kings writ , and that it is continued still by an act passed since , onely quarrells at the act of continuance , pretending that the act by which this parliament is continued agrees not with the act passed lately for a trienniall parliament , nor with that for an annuall parliament , passed in edw. the thirds time , as also that it is mischievous , otherwise by protections , priviledges , &c. is not this to quarrell with the king and both houses ? is not this to tell us that mr. ienkins is wiser then all the three estates , though joyned together ? the king , the lords , and commons judged that this act did agree with the other two , yet mr. ienkins judges contrary . the king , the lords , and commons judged the advantage of this act to be greater then any inconveniences , mr. ienkins is of another minde . our bookes have a rule , that no man ought to be wiser then law ; mr. ienkins exempts himselfe out of this rule ; but in the next place , whatsoever the three estates may doe , yet mr. ienkins tells us , that the two houses make no court , nor body corporate , nor parliament without the king , no more then a man remaines a man without a head ; here is the mistake , mr. ienkins thinkes the king is a head to the parliament simpliciter , or phisicè , whereas he is so but secundum quid , or metaphorisè , for if he were such a head to the politick body , as the true head is to the naturall body , the body could have no subsistence without him ; but experience in our case teaches us the contrary , and we can easily calculate that if the whole royall line should be spent , and the crowne escheat sitting a parliament , the lords and commons would remaine a living parliament , and be the supreame power of the kingdome without a king : also if this should happen out of parliament , the lords joyning with the chosen representants of the whole kingdome would be equally as competent ( if not more ) for all acts of majesty , and supreame dominion as now they are in parliament . mr. ienkins must needs also know , that there are some acts of parliament yet of force in this land , which by the lords and commons were carried and consumnated , not onely without but even against the king ; but i forbeare to draw censure upon my selfe by citing them ; and whereas it was objected , that the parliament was in a meaner condition then other inferiour courts , if the kings meere discretion could so make their deliberations voyd and vaine . mr. ienkins replyes , that this is most true and just , for as much as in other courts the king can neither judge nor controle ; but in the court of parliament ( quoad acts ) the king is both judge and controller . and why cannot the king judge and controle in the ordinary courts ? because there they have the kings power committed to them by patent , and as they are sworn to doe right , so the king is sworne not to interrupt or frustrate them . thus : we see the kings patent to a few men is more vigorous , then the most honourable writ of the law is when it is directed from the king to all the peeres , and commons of the land abetted besides with formall statutes . we see an oath taken from the judges is of more valew then the faith and loyalty of the whole people . we see the king by his coronation oath is stronglier obliged not to obstruct justice in private cases ; depending before lower courts , then the generall safety and welfare of the people in that treshault counsell , which is so honourable that none ought to thinke ignobly of it . we must grant , that mr. ienkins can better tell what the law is in this point then both houses . whereas an argument ab inconvenienti was valid in law before , now an argument drawne from the safety and liberty of the whole state , and from the end of all law is made rediculous by mr. ienkins ; for he which grants we are borne to liberty and safety as our right , yet grants no meanes to attaine to that right , nor remedy to recover it , except the kings grace , and even then the grand seigniours subjects have their masters grace and discretion to depend upon as well as we . thus is our state like a goodly ship , exquisitely decord , strongly man'd , and abundantly riggd with all kinde of tackling ; and so built for agility in faire weather , that nothing in that respect can be added to her perfection ; yet still she is so moulded by these kinde of royalists , that the least foule weather over-sets her . we have excellent lawes to secure our proprieties against the crowne ; we have excellent priviledges in parliaments to secure our lawes against the judges , and other ministers of the crowne ; and yet neverthelesse the parliament it self is so discontinuable , dissolvable , and controllable by the crown , that our all which depends upon it , has nothing in the last place , to make it self good to us , but the favour of the crowne . thus may our lawes and priviledges , in which there is acknowledged to be a directive , but no coactive force over the king , be compared to an imaginary mathematicall line in the heavens , but not to any fence or circumvallation upon the earth : well may they informe the king what we ought to injoy , as the lawes of god and nature without them do to all other nations ; but they can never assure us what we shall enjoy . and therefore i wonder why the royalists should so much extoll the rare constitution of this kingdom , when besides some other flowers of the crowne , they ascribe to the king such a negative voyce in parliament , as is sufficient alone to destroy all that is granted us in all things else . but to returne to our reply . 't is maintained next , that whatsoever power is in both houses , yet there is no power in the house of commons to examine at all , because the house of commons cannot administer an oath ; and examination without oath is a meere communication , and rejected as unprofitable in law . one reason why the house of commons cannot examine upon oath , is because it is no court ; and it appeares to be no court , because it has no power of tryall , nor ever practised any such power , by bill , indictment , information , plaints , or originall . and for the lord cookes relation , that the house of commons have imposed fines , and imprisoned men in queene elizabeths time , and since ; he saies these are but late , and a few matters of fact , and à facto ad jus is no good argument . here we see though the greatest plea against the house of commons is the non-user of any such power , yet when the non-user is proved , then 't is objected , that it is but of late times , and illustrated but by a few presidents . a second reason against the house of commons being a court , is because it has neither the kings patent , nor any statute nor common usuage to make it so . the house of lords is acknowledged to be a court of record to many purposes , partly because the king sits there , and partly because there is cleere law for their priviledges ; but the house of commons is excepted against ( as not within these reasons . ) the truth is , both houses are but one court , and one councell , and the time has been when they have both sate in one place together ; and there may be good reason given why they may sit severall and have their priviledges kept distinct ; and why the lords should be more active in some matters of judgement , where the whole commonalties interest is not touched : but this is no proofe , that what the lords act by themselves , receives no influence from the house of commons ; or that the house of peeres is of more value in the eye of the law , or has any greater jurisdiction by the law , then the representative body of the whole state . as for the kings sitting in the house of lords , there is but little moment in that , in regard that he sits not there to judge , or to debate , but onely to propose and consent . and there is no law to debarre him from the like in the commons house ; and so it was when both houses sate together , and still is when they meet together . and secondly , whereas some patent , statute , or usage , is demanded from the house of commons , in maintenance of their judiciall power , this we say is unreasonable : nay , if any patent , statute , or usage , could be produced for preferrence of the peerage before all the knights , gentlemen , and commons of england in this point ; that were rather to be rejected , as most unjust and unnaturall . a third reason is brought against the house of commons out of the writ of summons , forasmuch as in that writ , the king resolves , consults , and treats with his peeres , super ardua regni , but the commons are called ad faciendum & consentiendum in iis quae ibidem de communi concilio ordinari contigerint . these words of the writ , though they are generall , and in some things ambigious , yet they are no more disadvantagious to the commons , then to the lords or king . but if words are to be interpreted by the practise of parliaments , and by the tenour of all our other lawes , we shall finde that the kings part is to propose and consent , but not to debate ; that the lords part is to propose , debate , and consent in some things , but not in all : that the commons part is to propose debate , and consent in all . and this appeares by the raising of treasure , the grand concernment of the kingdom , called justly , ornamentum pacis & firmamentum belli and in this , though the king and lords may propose & consent , yet none but the commons may propose , debate , and consent . from reasoning mr jenkins now betakes himself to rayling , and tells both lords and commons , that whatsoever their writ meant , they act now quite contrary ; for by their writ they were required to treat and consult with the king , concerning the king , the defence of the kingdome , and the church ; whereas they first imprison the king , next arme the kingdome for themselves against the king , and lastly demolish the church by abolishing bishops , deanes , &c. for the first , the king left them unconstrained , and deserted westminster , whether they were summoned to attend him , and after tooke armes to dissolve them ; but those armes being now broken , the parliament keepes him from raising new broyles , but so farre are they from refusing to treat with him , that they prepare propositions for him , and reject no messages or letters that come from him ; neither is the kings restraint properly to be called imprisonment being much different therefrom , both for the manner and for the end of it ; the manner of it is ingenuous , and accompanied with many accommodations , which thousands of other free-men , nay gentlemen of england cannot attaine too ; and for his attendants , they are truly his servants , and as observant in all offices compatible with the peace of the kingdome as ever he had any . the end of his restraint also is not to incommodate him in any degree , there is nothing aymed at in it but to preserve the kingdome from new disturbance , till he appeares fully reconciled , and to preserve him from drawing prejudice upon himselfe . for the second , since 't is not for the kingdoms damage , nor the kings , that future commotions be supprest ; the lords and commons could no way better satisfie the intent of their summons , then by suppressing commotions by the same posture of defence as they now are in . i could wish also , that mr. ienkins would understand , that as the kingdome is called the kings , so the king is called the kingdoms ; and that propriety which the kingdome has in the king , is more tenderly to be expounded then that which the king has in the kingdome . for the third , that the word church should onely be applyed to church-men , or the word church-men to bishops , deanes , &c. is more then the law teaches : and if the businesse be studdied well 't will not be found a thing impossible , as master ienkins supposes for the parliament to abolish bishops , deanes , &c. and yet to advance church-men , or to take away some of the excessive grandour of church-men without any destruction to the church . thus much of mr. ienkins reply to the first particular , i come now to his second , where he takes it ill , that in cases of pardons the king should be thought to be vertually in the two houses , for as much as that power he sayes remaines solely in the king , and therefore cannot rest at all in the two houses . that the power of pardoning delinquents is so in the king solely , as that he cannot derive the same to the parliament as he does his other power is not proved by mr. ienkins , nor can it be possibly proved , and that the king does not derive the same ( as he does his other ) is as farre from being proved also ; for doubtlesse in all acts of oblivion , the two houses convey an additionall vigor , and so make the acts more vertuous then the kings meere act could doe , and therefore this new vigour which is conveyed by the houses , if it be not that which is derived from the king , as mr. ienkins tenets deny , then it flowes naturally and originally from the two houses ; and what can mr. ienkins cause gaine by this ? but sayes mr. ienkin , the king is a prisoner , and so having no power but what is divested by his imprisonment , the power of the houses is usurped by themselves , and not derived by the king . the block which mr. ienkens here stumbles at is this ; he thinkes an imprisoned king has no power at all , or remaines indeed no king , but this is not absolutely true of all kings imprisoned , for as our case is , either imprisonment is something more then that which our king suffers , or else imprisonment as to some acts may stand with freedome as to other acts. i have toucht upon this subject already . but let master ienkins bee as bitter as he pleases in his censures and reproaches , 't is not intended by the two houses that the king should be disabled from doing any acts of justice and piety , 't is only from raising new forces , and begetting new concussions , that this new guard desires to prevent him . master ienkins next sayes , that the king may revoke and discharge his commissions at pleasure , but what of this ? the question is , whether or no the king may frustrate and elude his commissions ; and this master ienkins speakes not directly to . wee need not quarrell therefore further about this , we will grant to master ienkins that parliaments may be justly determined and dissolved by our king , provided he will grant to us that the same may be justly frustrated or eluded . but master ienkins stomacks much at our calling the two houses a parliament , and censures it in us as a great delusion , although we know well that nothing is more common in speech , then to say that the king cals his parliaments , writes to his parliaments , dissolves his parliaments , &c. the king must be taken abstracted from that which he cals , writes to , and dissolves , or else wee must consider him calling himselfe , writing to himself , dissolving himselfe , which cannot be without absurdity . besides , when we speake of the great councell of the kingdome , we meane the parliament abstracted from the king , forasmuch as the king in parliament does not so properly give as receive counsell , and why we may not aswell call the two houses a parliament , as the great councell , treshault court , or mickle-gemot of the king and kingdome , i cannot devise . the law sayes the king cannot be absent from his parliaament ; this must be meant authoritatively , not personally , for divers of our kings have been in france sitting parliaments here , and yet even they were politically present , though physically absent , as master ienkins himselfe must needs grant . now if the parliament be the kings court or councell , and such a court or councell as he cannot virtually bee absent from , though in person he be often distant , and at some time must not be otherwise , how can it be maintained by master ienkins that the two houses are not the parliament ? another objection of master ienkins against the two houses is , that they were deserted by divers of their own members , who in considerable numbers went to the king at oxford ; but this is no other objection then might be made against the husband , when the wife elopes and withdraws from his bed , shall that party which remaines constant , and attends duly at the place assigned in the summons for transacting of that businesse which was specified in the summons , suffer for that parties sake which proved inconstant , and neither observed the place nor businesse of the writ by which it was convened ? sure this is most unreasonable ; doubtlesse when the king cald these uncertaine members mungrels , who together with their whole faction would neither be cordially true to religion and liberty at london , nor totally consent to subvert them at oxford , hee had more reason on his side then master ienkins has , who disparages those that kept their stations because of the defection of their mungrell brethren . in the last place master ienkins though he confesses that the common law did alwayes restrain our kings from all tallages & subsidies but by consent in parliament , as doth appeare by magna charta ; yet he sayes this is no consequence , because the king cannot take the subjects good at pleasure , therefore the commons have a concurrent power with the king in parliament ; indeed this consequence is ill-framed , but in its right forme it appears thus ; if the commons in parliament have that great power to raise treasure out of the whole kingdome , which the king has not our of parliament , then they must deduce this power from themselves , or those whom they represent , and not from the king , who cannot give that which he has not in himselfe ; but so it is that the commons have this power , ergo . if mr. ienkins will answer this hee shall befriend my intellect . the last objection which master ienkins makes against this concurrent power of the commons in granting subsidies is this , that parliaments may be held , and be complete parliaments without subsidies , and hereupon he tels us that former parliaments rarely granted any unlesse in time of forrain-warres ; and q. eliz. refused a subsidie granted , & k. ia. in his first year had none granted him . is there any solidity in this objection ? i appeal to all ingenuous men , parliaments may be without subsidies , ergo the granting of subsidies is no act of power in parliaments ; or thus , giving of subsidies is an act of power in parl. but since at some-time it may be difused and intermitted , or a power that at some-times is not reduced into acts , therefore it is no power , or not inherent in the people , but onely derivative from the king . let master ienkins apply his owne words to himselfe here , for certainly hee ought to make a conscience of blinding the people with such untrue colours to the ruine of king and kingdome . . the third particular now offers it sel●●●n order , and here master ienkins his reply ought to prove that if the two houses had a parliamentary power in themselves , they needed not send propositions to the king , but instead of opposing this ( which was the only thing made good by his answerer ) he diverts his force to oppose the equity and justice of the propositions sent to his majesty . this is not to reply to his answerer , but to satisfie his owne peevish disposition ; yet since hee may abuse the people aswell when he railes as when he argues something must be returned in answer to him . after he has magisterially condemn'd the propositions in general as being contrary to law , he vouchsafes at last thus particularly to interrogate us : have the two houses a strict right to lay upon the people what taxes they judge meet , have they power to pardon all treasons , &c. subintelligitur without the kings consent ? we answer they have not any such ordinary power ; but if the kingdomes safety lye upon it , and the king will not concurre in saving the kingdome in an ordinary way , they may have recourse to extraordinary meanes for the saving of it ordinarily the people may not take up armes , but in case of extraordinary invasion by forrain or domestick force they may justifie taking up of arms , and when war it selfe is justifiable , all the necessary concomitants and expedients of a politick war are justifiable . nature has confined water to a descending course , yet not by such a rigid law , but that for the necessary subvention of the whole fabrick , and for the avoiding of that vacuity which nature more abhors then the dispensation , or temporary suspension of such , or such a particular inferiour law , this ponderous element may forsake its ordinary course , and mount upwards . in a village where houses stand scatter'd and remote , 't is not lawfull for me to demolish this house , because that which stands next it is all of a flame , but in a citie this is lawfull where the houses are so conjoyned , that the flame of one house may extend it selfe to the consuming or indangering of a whole street or more . it is not generally lawfull for me to judge my neighbour unheard , or to execute my neighbour unjudged : yet if i find my neighbour ingaged in such a treason as faulx was , and ready with his match to give fire to such a traine of powder as he had layd , and have no other meanes to prevent him , i may runne upon him with my sword , and make my selfe both his judge and executioner . now if master ienkins will say , that such extraordinary acts as these are warranted by law , i shall cōply with him , yet i conceive t is not upon any particular law , but upon the generall law of publick safetie that these warrants are grounded upon ; & if i am not mistaken , t is rather policy , then law , that admits of such strange deviations from the common practice and rule of law . but sayes master ienkins , these propositions cannot passe into statutes but by the kings concurrence , and has not the king a free power to assent , or dissent in those things which must receive their being from his concurrence ? or is the seeking of the kings concurrence nothing but a meer complement ? we answer , the king has a power to assent and dissent : yet without any impeachment of his libertie , he may , nay he must , assent to such bills as are for the publicke good , and to dissent from such as are tending to the publicke detriment ; the reason is , because the free choice of the king is to receive its determination from without from the matter of the bills , not from within , or from the propension of his owne will : for the will injoyes a more perfect libertie when it is attracted , and as it were necessitated by that object which is good , then when it is left to its owne equilibrious motions , and so wavers indifferently betwixt good and evill . if it be said , that in the choice of that which is good , the king cannot so well satisfie his own judgement by the advise or reason of other men , as by that which is dictated to him by his owne breast : it must be answered , first , in the grand concernments of the kingdome , wherein the king has not so great a share as the people has , t is more just that the reason of two estates be satisfied , then his . secondly , in cases where the king is severally interessed , his particular interests ought to succumbe and give a preference to the generall . thirdly , either the matter in debate is intricate , and admits of doubts , or not ; if there be doubt in it , then the king ought not to oppose his single judgement , or rather opinion to the resolution of the highest court and councell of the kingdome : if there be no doubt in it , ( an accident sure very rare , that the lords and representants of a whole state should judge a thing to be advantagious , when the king knowes it certainly to be disadvantagious ) then the king is to consider whither the matter in question be necessary or expedient , if it be expedient onely , then the king ought not to contest about it , forasmuch as that contestation may be more inexpedient for the state then his concession . but if it be necessary ( as the cause of true religion , &c. ) where the king being orthodox , knowes his subjects to be blinded with idolatry or heresie , and cannot without sin give his royall assent to such irreligious bills , as they present ; then as it were impious in him to signe them , so it is outragious in him to disturbe the publicke peace about them . the reason of this is , because polititians guide themselves rather by the calculation of what is probable then what is possible onely , and therefore though it be possible that a king with one eye should see more then a parliament with many , yet since this is not probable , there is scarce any state but chuses rather to be swayd by the counsells of many then by the counsell of one , and where the counsell of one claimes a prevalence above the counsells of many , 't is not obey'd without great reluctance commonly , and publicke disturbance . besides , if one mans eyes perchance see more then the eyes of many ( as is very rare , though not impossible ) yet t is very strange that that one mans discovery should not open the eyes of other standers by without force , in respect that light is a thing lovely to all , and ready to be imbraced upon the least glimpse of it , and a very little thereof being let in through a narrow cranny , may make all that is contained in a very wide roome visible . and if one man possibly in things indifferent should see more then many , yet t is very neere to an impossibilitie , that one man should apprehend truth more then many , where that one man has more prejudice against the truth by selfe-interests , then the many . and who can doubt , but that princes , as princes , are more drawne by the by as of selfe-interests against that which is the good of the communitie , then that court which is not onely by the vertue of representation , but even naturally also in some degree the communitie it selfe ? the root sends juice and nourishment to the branches , but expects none backe from them ; and the fathers love has a strong ascent towards the fruit of his body , but weake and virtulesse is the descent of that juice which falls from the branches to the root , or of that love which the sonne refunds upon his progenitors ; and even so it is in the relative offices of prince and subject , the prince lookes lesse tenderly upon the people as being his root or parent , whilst yet the people lookes more tenderly upon the prince , as its owne stemme and issue . hence it is , that all states are accounted more or lesse slavish , as their princes are more or lesse arbitrary in their supreme counsells ; and all men are accounted more or lesse miserable , as they are more or lesse slavish . what became of rome , and of the whole world that was subject to rome , after it was once yoked by the caesars , who might arbitrarily wave the advice of the senate , & consult with slaves , eunuchs , women , panders , &c. or what brought us to all our late bloody catastrophes , but the discountenance and detestation of parliaments ? aske the lord digby himselfe , and even his speeches made in parliament since november . will informe us , that there were many causes of our miseries , but the cause of all those causes was the abandoning and disgusting of parliaments : sure the lord digby may passe as an authentick testimony for our side , and yet even the lord digby , before he turn'd courtier , had the ingenuitie to resent this kingdomes servilitie , when a woman of a false religion , hostile nation , and adverse affection , together with her jesuiticall traine , had more predominance in our publicke affaires then the two estates assembled in parliament . but master ienkins will still say , that the king is assisted with his judges , and other counsell both spirituall and temporall , and that the house of commons in some debates may be divided unto two or three oddes voyces ; and therefore why may not the king so assisted be better advised then those two or three oddes voyces ? this is an old objection , and seemes plausible , but is easily answered : for . it is very unequall that a few counsellours whom the king chuses should be preferr'd before many whom the kingdom chuses , in those matters which import the kingdome , more then the king. . if the kings councell in the house of peers were equally to be valued with the house of commons , yet still so long as it is left arbitrary to the king to follow their advice , or not , the kingdome is in the condition as turky is , where the grand signior is left onely to consult with himselfe or any of his concubines or eunuchs . and lastly , there can be no lower or baser degree of slavery imagin'd , then for a nation to be subjected to a lord that is so absolute in the highest results of state , as that he may use no counsell , or make choyce of what counsell he pleases . . i hast now to the fourth particular , where m. ienkins affirmes againe , that the two houses do separate the kings power from his person as the spencers did , and from thence frame the same three condemned conclusions as they did . the separation of his person from his power is proved , partly by imprisonment of his person , and partly by usurping all his power ; for m. ienkins tells us , that the two houses counterfeit a seale of their owne ▪ and thereby seal writs , make judges , settle courts , and this is done contrary to the kings consent , not declared only by letters , ministers , and word of mouth , but by his true great seale of england . it is here , . to be noted , that m. ienkins himselfe does now distinguish betwixt that which the king declares by word of mouth personally ; and by letters and ministers extrajudicially ; and that which he declares legally by his writs , and judicially by the great seale : and this is a plaine concession , that the kings person may urge one thing , and his office another ; that his personall command may be unjust and not to be obeyed , at the same time that his regall command may be just , and necessarily must exact obedience . it is to be noted . that the reason alledged , why the kings commands in this warre are legall and just , not personall and unjust , is , because they were authoriz'd and fortified with the true great seale : and what is this but to proclaime , . that the great seale of england is solely at the kings dispose , to be imployed according to his meere discretion : . that the meer annexion of the great seal makes any act of the kings legall and authenticall : . that m. ienkins is better able to judge of the two great seales which is the true one , then the two houses of parliament ? when m. ienkins will be as learned in proving , as he is audacious in presuming , these new quaint poynts , we shall know what to answer ; in the meane time we will expatiate no further then his discourse leades us . as for imprisoment of the kings person , we have answer'd to that already , and forasmuch as the keeping chaplaines from him is objected , we answer thereunto , that not chaplaines , but such and such chaplaines , viz. such as the state judges incendiaries , are deny'd , and there is no more injustice in restraining such incendiaries then in restraining commanders and armes . now to parallell the houses with the spencers , m. ienkins sayes , that they having declared his majestie to have broken his trust touching the government of his people , they have raysed armes to take him , they have taken and imprison'd him , they governe themselves , they make lawes , impose taxes , make judges , sheriffs , and take upon them omnia insignia majestatis ; and is not this sayes , he to remove the king for misdemeanours , to reforme per aspertee , to governe in aide of him , the three conclusions of the spencers ? m. ienkins here , as if he had abjured all ingenuitie , confounds diverse things which he knowes to be exceeding different in nature . for . he takes no notice whether the force which has bin used by the parliament be offensive , or defensive ; and yet none can be ignorant , how many things may be justified in a defendant which cannot by the offendant . . he distinguishes not betwixt that force of the defendant , which aimes only at a temporary securance against the assaylant , & that which proposes to it self vindication or reparation by the total removall , or destruction of the assaylant . he knows well , that the spencers aimed at a totall dethronization of their master , whilst the parliament aimes at nothing but beating down that sword which was drawn against them . . that the spencers intended to levy offensive arms , for reforming that in their master per aspertee , which was not so dangerous to their persons and lives , as that which has bin contrived and enterprised against this parliament , for not onely a partie of armed men to seize and teare five principall members out of the house , ( and by consequence to menace all that retained any freedome in them ) but armies were solicited to attempt against this parliament before they thought of any force ; and this is far above those provocations which were pretended by the two spencers . . the spencers , by pretext of governing in aide of the king , intended to oppresse all the nobility , gentry , communaltie of the land , but this is impossible to be suspected in a parliament , which consists of the choice , and are a considerable part of all these . . the . particular now offers it selfe , wherein mr. ienkins maintaines that every king of england , and only the king in england can grant pardons , and that in all cases , and for this he cites stanfords pleas . it was not , nor is denied to m. ienkins that the kings of england have power to pardon delinquencies , so farre as themselves are parties suffering . but the question is whether the kings of england onely can , and alwayes can pardon delinquencies ; and whatsoever master ienkins thinkes , the authorities of stanford and dier are not full to prove the affirmative ; and certainly if it were proprium quarto modo for the kings of england to pardon in all cases , it were very unproper for generall acts of indemnity to be passed by all three estates , frustra fit per plura , quod fieri potest per pauciora ; if one of the estates be sufficient ; to what purpose doe the other concurre ? secondly , all remedy by appeale would be cut off from subjects . for either my appeale must make void the kings pardon , or if the kings pardon be not void in this case , and as to this murder committed , my appeale must be dismissed . it had been candid in mr. ienkins if he would have replied some thing to this objection about appeales , for now it may be supposed he replied nothing therein , because he could reply nothing to the purpose ; besides , if the kings pardon cannot frustrat my appeale ( as mr. ienkins knowes well it cannot ) why should the same destroy the remedy and justice that is due to a whole state ? treason may be committed against the state aswell as against the king , even as murder may damnifie me aswell as the king , and shall it be held lesse contrary to justice that the state should be deprived of its remedy by the kings pardon , then that i should ? good mr. ienkins policy is not to be superseded by law , but law is to be improved by policie : and as in quiet times and private cases 't is safer to follow law then policy , so in times of troubles , and in affairs of generall and great concernment , 't is safer to observe policy then law . the same may be said of not pardoning , for doubtlesse the king has as much latitude to refuse , as to grant pardon , yet when his power in either may be mischievous , his power in both must submit to reason of state , and law is not violated , but better improved when true reason of state takes place above it . . i am now to proceed to the sixth particular , where mr. ienkins will not indure that the king shall be said to retain the right or habit of governing , at the same time when he is said not to be actually in a condition to govern ; he intimates that the law makes no such distinction , & infers ubi lex non distinguit , non est distinguendum : by this it should seem it is not allowable that a lawyer should make use of any distinctions , for which he has not some book authority , though the difference of things be never so pregnant . a miserable confinement to lawyers , and sure or years past if lawyers had been so confined , wee had now left us no prints of any distinctions at all . all other schollars besides lawyers , nay all lawyers that are not meer lawyers , ( i meane by meer lawyers , such as have made no improvement of their reason by logick , policie , and other humane literature ) are of a contrary opinion , and hold it more true , qui bene distinguit , bene docet . but what a ridiculous thing is this , because hen. . lying in his cradle not able to speak , write , read , or do any act of power , has a right to governe , therefore i must grant hee is in a condition to govern , for feare of distinguishing when the law does not distinguish ? so of edw. . and ri. . because they had a right to the crown , in that moment of time when they abdicated the same , and pronounced themselves unfit to governe , therefore i am obliged to believe that they were not abdicated nor made unfit for government . next mr. ienkins likes not this distinction that the king is not barred simply from returning to his parliament though he be barred secundum quid , that is from returning unreconciled or armed against his parliament , hee professes that he and the whole city knowes the contrary ; how the city should know the parliaments intentions so exquisitly , or m. ienkins be assur'd of the cities knowledge so infallably i cannot imagine ; but i wish m. ienkins which takes upon him to be a priest as well as a lawyer by vertue of iustinians commission , were such a priest indeed , as that we might expect nothing but knowledge and truth from his lips . . the seventh particular comes now in order , where m. ienkins puts us in minde of the oath of supremacy , taken by all members of the house at their first sitting , and askes h. p. why he stiles the king supreme governour in all all causes and over all persons , &c. and leaves out onely supreme ? surely not to detract any thing from the kings celsitude , but because the word seemed superfluous ; for he that swears the king to be supreme over all persons , sweares him to bee only supreme over all persons , inasmuch as there cannot be more supreme persons over all then one ; but away with these frivolous logomachies . the argument runs thus , if the king be only supreme governour in all causes , then in parliament causes , if over all persons , then over both houses , and if so , then how is he become a prisoner , and how doe the houses act by vertue of their prisoners writ ? it was answered before that the king is granted to be supreme or only supreme over all persons , but yet still {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , and not beyond the law , nor beyond that community for which and by which the laws themselves were made . the duke of venice ( the like may be said also of all elective conditionate kings and potentates ) has no person in any cause whatsoever superior , or equall to him : yet he has his bounds set him by the law ; and as the law is above him whom it bounds , so that power which can make , and alter law in venice , is above the law it selfe . m. ienkins himselfe confesses that the king is not above the law , nor above the safety of the people ; but in regard that the king is supreme in all causes , aswell parliamentary as other , and over all persons , aswell the lords and commons in parliament as others , m. ienkins supposes there is no other judge of the law , & safety of the people but the k. but this is not to be admitted by us , because we know wel that whosoever is the supreme judge of the law , if not directly , yet he is consequentially above all laws , and whosoever is above all law cannot bee restrained by the safety of the people , though the most sublime of all laws . wherfore if this be admitted true of our king , that he is supreme judge of law , then it must follow that the subject of england has no more assurance of law or safety then what is founded onely in the kings breast , and discretion . for the kings being a prisoner that has been already answered , and indeed it is is more truly said that his hands are held and disweapond , then that his feet are fetterd , or his head undiademnd . then for the parliaments acting by the kings writ , there ought to bee some mistakes cleered therein also ; for we doe grant that the writ is the kings , the great seale is the kings , that officer which has the custodie thereof is the kings , the people are the kings ; but we doe not grant that any of these are so the kings , as that they are not the kingdomes also in a more eminent degree : for as the husband is the wifes truly , but not 〈◊〉 eminently as the wife is the husbands , so the kingdome is the kings , and the king is the kingdomes , yet the kingdomes interest and relation far is more valuable and sublime . . the last particular now offers it selfe in the close of all , and here m. ienkins does not deny expresly that many things may be good in law notwithstanding that some formalities , or those things which we terme apices iuris are wanting ; for doubtlesse where laws are and both cannot be fulfilled , the lesse important law though it be more particular must give way to the more important law , though more generall . ex . gr. when the king dies , by the common law in force , parl. cease , all judges , sheriffs & officers not absolutely necessary &c. return to a private condition , and so remaine till new commissions obtained : but if the new king happen to be beyond sea , as at the death of hen. . so that new commissions cannot be immediatly granted , and thereupon the greater law of publick safety is brought into competition with the law of an inferiour nature , a new seal may be made , new judges , new officers may be created , and either a former parl. may be continued , or a new one sūmond , and all necessary points of complete administration may bee expedited as in probality they were before the arrivall of ed. . god did not make any particular dispensation his shew-bread might be eaten by common persons if in distresse , or the golden vessells of his temple aliend when the city was to be redeemed from the insolence and rapines of a prevailing . enemy , the generall law of necessity was sufficient to warrant both the one and the other , but i will presse this no further since m. ienkins alledges nothing to shew why a parl. which cannot deliver it selfe by an act , may not use meanes to deliver it selfe by an ordinance . i will not insist further hereupon . but instead of disputing , m. ienkins seems to jeere 〈◊〉 for setting up excise , raising armes , taxing the people , imprisoning the king , abolishing the common prayer book , selling church-lands , &c. and in an irony he concludes , that all these are in order to publick justice and safetie . m. ienkins here leaves us upon uncertainties , whether he condemnes our cause because it required such props , or onely these props because they assisted us in promoting so bad a cause . if he allow of the ends , but not of the meanes , if he allow we may defend the lawes and safetie of the state , but not by armes , or if he allow of armes but not of taxes , &c. he must renounce ▪ rule naturall as well as logicall , qui dat finem , dat media con●● centia ad finem ; if he allow of the meanes , but not as conducting to such an end , upon presumption that our lawes , and the sc●● were not indanger'd , or if he prove that they may not be defended , he takes upon him more then is due ; for his part is to plead , not to judge , and answers might be given to his pleading , but nothing can be said to his judging . i conclude therefore with the l. cookes sensure of treason as m. ienkins does , and am of the same opinion , that treason ever produces fatall and finall destruction to the offendor , and never attaines to its desired ends ; and wish that all men for this cause would serve god , honour the king , and have no company with the seditious . yet let me adde this , we have neighbours now in the netherlands , that lately have revolted from their master , and yet prosper and flourish beyond all in europe ; the justice of their revolt may be questioned by some ▪ but i for divers reasons do not question it , & one amongst the rest is this of the l. cookes , because i think an act meerly treasonable cannot prosper . finis . the generall junto or the councell of union, chosen equally out of england, scotland, and ireland, for the better compacting of three nations into one monarchy, &c. parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason .f. [ ]). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason .f. [ ] estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; : f [ ]) the generall junto or the councell of union, chosen equally out of england, scotland, and ireland, for the better compacting of three nations into one monarchy, &c. parker, henry, - . [ ], p. [s.n.], london : printed, anno dom. . anonymous. by henry parker. annotations on thomason copy: [on recto of fly leaf]: "nb. the generall junto by hen parker esq. a declaration concerning ye generall accompts of ye kingdome [illegible] the nature & necessitie of them stated [illegible, folowed by a flourish]"; "the generall junto but fifty of them printed at the charge of sr john danvers & never to be sold but given to particular friends"; "n: of [crossed out] fb". reproduction of the original in the british library. eng great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason .f. [ ]). civilwar no the generall junto, or the councell of union, chosen equally out of england, scotland, and ireland, for the better compacting of three natio parker, henry a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion the generall junto , or the covncell of union , chosen equally out of england , scotland and ireland , for the better compacting of three nations into one monarchy , &c. — trojugenis paries quid amantibus obstas ? quantum erat , ut sineres toto nos corpore jungi ? printed , anno dom. . sir , in a person of so great worth as your self , vertue and goodnesse must needs be not onely diffusive , but attractive also , and that farre more then in inferiour men . the boldnesse therefore assumed by me at this time , in tendring to your view and judgement this poor essay ( a weak endeavour of service to our countrey ( of which you are so true a lover ) will appear ( i hope ) the more excusable : for as those parts which deserve admiration in you , cannot but command offices of hommage and gratitude from all good men ; so those parts which render you humble , and gentle , and willing to pardon other mens mistakes , will induce you to interpret well that hommage and gratitude . sir , i have a very low conceit of this constitution , as it is now by me fashioned ; but i have a strong imagination , that it might prove publiquely advantagious , if it were by wise and considering men better formed and compleated . i have therefore purposely left a large margent to my short discourse , that a better pen , and direction might change and supply my failing invention , and take the same liberty to expunge the vanities of my tedious expressions . if there be any thing here tha may but administer the least occasion or hint to your worth to be a more beneficiall patriot , i shall think it a happy service ; if not , yet let not my fruitlesse wishes want your excuse ; and you shall oblige me to be sir , yours most humbly devoted in all service and observance to my utmost power , h. parker . the generall junto , or the councell of union , &c. to perswade to vnion , and commend now the benefit of it to england , scotland , and ireland , would ( i think ) be unnecessary : it will be sufficient to make an overture , how a further , and more intimate vnion may be maintained amongst us . divide , & impera , is fit advertisement for a nero to take , which aims onely at the dissipation and perdition of his subjects ; and for a machiavel to give , which aims onely at the pleasing of such masters as nero was : good princes , from honest counsellors , have ever received contrary advice ; and indeed it were impossible , that the very essence of god should be love , peace , and vnity , if there were any good to be expected from dissention ; or that it should be sathans proper title to be a spoyler , a murtherer , and a scatterer from the beginning , if amity and concord could be dangerous . it is true , vnity in large and spreading dominions , is not altogether so easie to be preserved , as in states of narrower bounds ; nor is government so feasible over severall nations , in severall continents divided , and by severall laws , and customes eloigned , as over one countrey close scituated and compacted . and yet 't is frequently seen , that art and industry in prudent princes , overcome naturall hinderances and obstructions , and many times by politique nerves and ligaments happily knits and conjoyns men together , whom nature hath placed farre asunder . the poet having in contemplation before him a fair pile of building curiously cemented , gives these words to his admiration ; si lapis est unus ; dic quâ fuit arte levatus ? si duo , vel plures ; dic ubi congeries ? the juncture of many stones in a building may be scarce perceivable ; and where it is not altogether so exquisite , yet ( if art be not too much wanting ) they may prove as firm , as fit for duration , and do as faithfull offices to the whole fabrick , as if they were all one solid rock or quarry . and after the same manner in politicall bodies , an artificiall coalition or coagmentation sometimes proves as vigorous , as that which is more naturall , if it be wisely constituted , and orderly disposed . howsoever , as no kindely means of union amongst nations ought to be neglected , so no violent means ought to be used , for both extremes may prove equally pernicious and destructive to the ends which we propose . philip in the netherlands was too rigorous a prosecutor of vnion ; for whilst he would confide in no vnion betwixt the dutch and spanish , but such as should wholly change the one nation , and covert it ( as it were ) to all purposes , into the other , he wholly rent both of them asunder , and temerated that tie , which otherwise in time by gentle means might have grown sufficiently valid . and in my opinion , we in england , scotland , ireland have of late , in our endeavors of vnion , and consociation , been as much too remisse , as philip was too intense , and have neglected to prepare such further barres , and hoops as might have bound us yet more neer together . to make this appear , is the intent of this discourse at this time ; wherein , for methods sake , i shall confine my self to these three points : in the first place , i shall endeavour to unfold what the nature of vnion is . in the next place , i shall set forth that vnion which is already setled betwixt england , scotland , and ireland , and wherein it is yet imperfect . in the last place , i shall give some demonstration of a new ordinance , whereby vnion may be further improved , and perfected in all his maiesties severall dominions . politicall vnion is observable for its severall kindes , orders , and degrees . one vnion is more externall , and another more internall in kinde ; but that which is internall , and seated ( as it were ) in the hearts of nations , and is held together by the bonds of true amity , is farre to be valued before that which is externall only , and consists in meer politicall acts , and pacts , be they never so many or strong . thus the scots have formerly affected the french , and the irish the spaniards , by i know not what kinde of natural sympathy ; and had not many other strange obligations crossed the same , their hearts could hardly ever have been tempered for vnity with the english . it is therefore truely noted , that vires imperii in consensu sunt obedientium , & omnis potestas fundata est in voluntate : and sayes another , errat longè qui credit imperium stabilius aut firmius esse , quod vi adjungitur , quàm quod facilitate & clementia . the romanes being to grant peace to a neighbour nation lately subdued , asked first upon that peace granted , what fidelity they should expect from the petitioners : it was answered , that if the conditions of peace were granted with clemency , they could not but be entertained with sincerity ; but if the terms of the conquerours were rigorous , the engagements of the conquered could not but be the lesse faithfull . and this stout answer in suitors did not disrelish their more stout victors . had portugall joyned hearts with spain , as it did hands ( as doubtlesse it had , if love or charity , and not too much violence had made the contract ) this late divorce had not so soon happened ; for it were very behoovefull for both those nations , if they could agree to yoke sweetly together , and their mutuall conflicting against each other may probably draw on the ruine of both . dum singuli pugnant , omnes vincuntur . two nations seated together in one competent proportionable continent , are like two merchants trading at sea in one bottome , being both equally owners of the same ; an unfriendly partition makes each moity unserviceable , but a wise partnership doth not onely preserve , but enrich both . i wish therefore the government may be ever sweetned amongst us in england , scotland , and ireland , by justice , and equality ; for what attracts love amongst nations , we all know ; and how far the attraction is generalrally helpfull , we all know ; and how farre nations naturally desire that help , we all know . smaller dominions are lesse subject to intestine distempers and miscarriages in government , but are more obnoxious to forraigne violence of invaders ; and therefore if equall conditions might be equally rendered , it were unnaturall for nations not to affect vnion . the canton towns in helvetia , though of severall professions in religion , and aristocratically governed , yet adhere lovingly in one symmetricall body together , and this is by the sweetnesse of equity ; for certainly the ligaments of one and the same religion under rule monarchicall , were much more available to facilitate and corroborate vnion . the orders of vnion are next observable ; for the foot is united to the head as well as the heart , but not after so honourable a manner ; the heart obtains priority and superiority above the foot , notwithstanding the force of vnion : now this order is to hold onely in one and the same body particularly considered , but not in such principall integrall parts as may be considered in severall bodies for some purposes . where severall kingdoms are united , one must not be the head , the other the foot ; integrall parts may have such order in themselves , but not among themselves ; for all must equally partake both of superiority and inferiority : some in each nation may enjoy command , and undergo burthen ; and 't is not necessary that this nation be assigned wholly to command , and that to burthen ; for order may be sufficiently preserved by inequality in each nation , without inequality of any one nation over the other . rome in this was not more noble then wise , for as she did admit all nations to an equality of priviledges , and franchises with her self , so by the same admission she did extend her bounds into all nations , she merited to be called terrarum dea , because she would truely be communis patria , and mundi compendium . haec est in gremium quae victos sola recepit , humanumque genus communi nomine fovit . matris , non dominae ritu . the number of the senators wanting a recrew in the raigne of claudius , some dispute was thereupon between the french , and the italians ; the french sought to have their nation honoured with an equality of election to that degree ; the italians held it derogatory that other nations should participate therein : but caesar , like a true romane in that , gave his decision in favour of the french , alleadging for his reason , that his ancestors had enlarged the empire by this courteous association of strangers ; and that the lacedaemonians by their rigid inhospitality , and disdain of others , had frustrated their own victories , and withstood their growing fortunes . that miserable schism and revolt of the ten tribes from the line of david , was occasioned by an unequall distribution of favour and indulgence ; and ( oh ) how great a wound did the true worship of god receive in the bloody pursuance of that unnaturall quarrell ? judah claims to be neerer in blood to the king , then israel ; israel being so injured , claims to have ten parts in the king by a more considerable interest , then that of blood : and how cursed a thing was it , that such fond claims should one moment of time rest undecided ? i cannot here but assume the kings person , and thus expostulate with both contesting parties . you men of judah , i am bound to love and honour you by the ties of more immediate consanguinity ; but in civill negotiations by the laws of soveraignty , which exceeds naturall affections , i am as firmly obliged , and as neerly allyed to israel as to you . you are to me both as one and the same body , and to be organized by a vertue and residence in every part , as well as in the whole totall . you men of israel , you are the greater and more considerable proportion of my subjects ; and if i must needs be dilacerated , and suffer a dissection by your absurd contention , you are to receive the greater share of me . but to what purpose is such violence , or what justice can be in it ? for the right of judah to me , is the same in nature as yours , and wholly incorporated with yours , that it can suffer no just partition ; and if it could , your advantage thereby would be none at all . royalty is as the sun , and sends forth beams indivisible , and sufficient for all ; and if all were blinde as one man , that one man should enjoy no more light then he did before , when all did partake in his happinesse . you men of judah and israel , let the peace of the naturall members compose this your groundlesse dispute , the left hand quarrels not with the right for precedence , they both receive from the head in equall measure , and remain officiously tributary to the head in equall manner . when i put on magistracy , i did withall put off affinity in matters of justice . tros , rutilusve fieret nullo discrimine habebam . as i shall expect from you nothing but equall service and loyalty , so do you expect from me nothing but equall love and protection . had israel and judah been thus treated , when the coles of emulation were first blown by malignant mutiners , so great a flame had not risen therefrom : for partiality is the fewell of discontent ; and where that is taken away , the beame of justice keeps all in peace and awe . justa pari premitur veluti cum pondere libra : prona nec hâc plus parte sedet , nec surgit ab illâ . neverthelesse , though it were commendable in cleo , at his first arrivall unto publique rule , to call his friends together , and discard them as to all publique affairs ; so this condemns not themistocles , if in domesticall , or meer naturall offices , he gratifie his former friends before others . but this is obvious , and i come now to the degrees of vnion . as that vnion which is betwixt brothers , is of more vigour then that between servants , because it is more internall , and that betwixt servants of the same rank and condition , then where great distances and disparities are , because it is more equall ; so that vnion is most sure and inviolable , and most intense in degree , where both these atrributes ( internall , and equall ) do most eminently meet and concenter : where the most zealous affection of the heart naturally , and the most exact equality of interests politically doth cement and close people together , there vnion is in it 's most excellent strength and perfection ; then it is more properly stiled vnity it self . this is that vnion , which i shall pray to see established betwixt england , scotland , and ireland ; then which , there can be none more intimate in kinde , more equall in order , more perfect in degree . . in the next place therefore , having this for our aime , we must consider what advantages these three nations have already , conducing to such vnion , and what the hinderances are , which seem most to indispose us , and make us averse from the same . those things which are of favourable aspect , and more propitious to the uniting of england and scotland are , first , that both nations are ruled by one head , and owe allegiance to the same master ; and even this hath a strong unitive power in it , and such as works internally , as well as externally ; for we see the english and netherlanders are many wayes engaged in the same interests , and have had many interchangeable obligations and endearments ( as things are now ballanced in europe ) and yet by reason of their dependance upon severall potentates , there cannot be setled betwixt them that certain correspondence and confidence , as might be , if one scepter commanded both . and we see the vnion of england , and scotland under one prince , hath planted new affections in both nations , as hath been attestated by many noble offices of friendship , needlesse now to be repeated . secondly , there is the same profession of religion in both kingdoms ; and this of all bonds ought to be the most indissoluble , for it is something more then meerly physicall , or ethicall . thirdly , the same name of britain is common to both , the same language spoken by both ; and this , together with their great similitude in complexions , and dispositions , testifieth the same antient extraction , and kindred . fourthly , the same sea surrounds both , immuring them from all the world besides , and by consequence , the same ends ought to steer both , since no other nations can be more helpfull by vnion , or pernicious by dis-union : and since both joyned together make up but one , and that no very considerable large monarchy . fifthly , the same laws of god and nature are reverenced and known by both ; and if their laws of monarchy , municipall customes , and statutes be not the very same , they are very little disagreeing ; that variety which is in them is very consistent with harmony . sixthly , the same impressions have been made upon both by late offices of love , and such brotherly assistance hath been yeelded , that not onely all old enmities are drowned therein , but also both nations for the future are more enflamed to merit of each other . all these things tending to the great advancement of vnion , those things which seem repugnant to the same by able politicians might be much corrected , or wholly removed . as for the independence of each kingdom , that is no barre at all to vnion ; for whilst the line of king james remains unspent , the crowns are utterly inseparable , and as really marryed together , as to all purposes of mutuall defence and complyance , as castile , and arragon , or any kingdom whatsoever . and if any doubt were of separation by the extinguishment of that royall race ( which god avert ) i do not see but that by consent of both kingdoms , that doubt may be prevented , without injury to either . and as for the distance and extension of both kingdomes , that can be no barre to vnion ; for france in its circuit and dimensions is equall to england , scotland , and ireland , and yet is but one entire monarchy , and hath been assembled in one generall parliament , and therein consists the soul of vnion . and the meer holding of severall parliaments in severall counties , possibly at the same time , the same head regulating all by faithfull dispatches , and missives is no hinderance , but that the same understanding may be in all , and work the same effects , as one and the same could . if there be any thing worthy to be insisted upon seeming opposite to vnion , t is the different revenues of both kingdoms , and some disadvantages caused thereby to each : for it will be said , that england , as the richer , draws away some priviledge therby from scotland ; and scotland being the lesse plentifull in treasure , draws away much of the english patrimony . but i shall answer this hereafter ; and so for the present i set my sayls for ireland . those things which are apt to promote vnion betwixt england and ireland , are , first , that both kingdoms have not onely one head , but are one body also , inseparably knit to that head , no independance or possible severance remaining , but such as shall be violent and injurious . england hath formerly been subject to severall princes , but all those independant principalities are now incorporated , and connaturalized by act of paliament , and reduced to a perfect unity of dominion ; and yet all england is not more it self , and one with england , then ireland is in all that is essentiall to dominion . by the laws of england and ireland , both the kingdoms are so connexed and coinvested , that wales and cornwall are not more individed from england , then ireland now is . wales is still a principality , and cornwall a dutchy , but neither are independent . so that nothing in truth remains , but the meer names or titles ; and the independance of ireland being in the same manner taken away , the kingdom of ireland is indeed but an integrall member of the kingdom of england ; neither is ireland dependent ; because it is independent , we tearm it rather annexed , and by that we mean wholly consubstantiated . the addition of ireland to england is like the naturall growth of a man at full yeers , which makes him not another creature then what he was , in the narrow confinement of the cradle , but still leaves him one and the same . england and scotland are united by two royall lines centring in our king ; but one and the same line conveighs england and ireland , and that line is indivisible ; so that though the king be owner of england and scotland , yet he is not owner of england , quatenùs owner of scotland , or owner of scotland , quatenùs owner of england , but he is owner of ireland quatenùs of england . but because some of the rebells now pretend to an independence , and some upbraid the rebells with a meer servile dependence , i will a little step out of the way , to encounter with both these incendiaries , and perturbers of our peace . against the irish rebells i shall maintain , that the kings title to ireland is of a mixt nature , partly by the victories of his ancestors , and partly by consent of the natives , and in both points strongly fortified by a long , unquestioned , uninterrupted possession . and what more can be added ? no prince of christendome can hold one foot of land by any title more cleer and undefeseable then where all these clayms are wreathed together . and in this respect ireland is further united to england then scotland is , for england and scotland are two bodies joyned under one head ; but england and ireland are but one body , and have but one head , they are not separable justly as scotland is . conquest and consent both have conjoyned them , and except the same , nothing can dilacerate them . and thus upon the norman conquest england lost it's independence , and became one with normandy ; for if nothing but the hand of war twisted their titles , nothing else can untwist them . against the enemies of ireland , which object the right of conquest ( as some did lately at my lord of straffords tryall , to justifie his cruell oppressions ) i shall maintain , that the right of conquest doth not afford any true warrant for oppression . in conquest three things ought to be searched into , whether it be just , totall , and pure or no . if it be just ( as we will suppose the normans to be ) it onely ejects the desseisor , and it ought to look no further then the prostration of the competitor . if harold will not do right to william but by compulsion , this shall not inslave the whole english nation ; nay , harold being in possession , those of the english which take up arms , and wait the decision of the sword , in a case to them doubtfull , cannot justly be charged of treason . t was not sufficient that william did forbear to dispossesse those of our ancestors , which had born no arms against him , he ought to have holden his hands also from those which had been active in their former masters service , the cause of both being disputable . of unjust conquests nothing needs to be said . in the next place also , if conquest extend it self over a whole nation , if the conqueror have no considerable party therein to favour his claym , if he enter without any professions of clemency ( as scarce any prince ever entred ) yet even thus he is not disobliged and acquitted of the laws of god and nature ; nor is entitled to a right of spoyling , wasting , and inthralling of gods people . gods law is indefinite , and reacheth to all kings , as well clayming by the sword , as by any other paction , that they shall not heap up treasure , or multiply horses , or lift up themselves against their brethren . our magna charta doth not limit our english kings so farre , it restrains not from filling the exchequer , or encreasing their guards ; and if they will arrogantly contemn us as slaves , and not embrace us as brethren , it affords us no cleer remedy . but we see gods charter intimates that princes were ordained for the protection of the people , and not the people created for the drudgery of princes . and therefore it doth not onely prohibite all actuall oppression ( as the law of england doth ) but it further restrains from all power of oppression , nay it curbs all haughty thoughts , the very seeds of oppression . parasites may ascribe nothing but divinity to princes , and insult over subjects as meer beasts of labour , and so as a main axiome of state , above all things inculcate the raising of money and ammunition , and dejecting of the people . but god prescribes the contrary , his law aims at the humbling of monarchs , and endearing of their charge to them , and disswading from all strength and confidence , but in the unfailing magazin of the peoples hearts . of that conquest then which is not vniversall , and without all assistance from the countrey conquered , ' little needs be said ; for it is most evident , that neither england nor ireland was ever so over-run . the last thing to be enquired after in conquest , is it's absolutenesse from all quarter , and freedome from conditions offered , or accepted : and if it be the most pure conquest that can be imagined , yet it doth not absolve the winners from the ties of common piety , and civility . i need not instance in religious moses , who out of zeal to save the community , from destruction , offered to forgoe his interest in heaven ; or in holy david , who to exempt gods flock from the raging plague , prayed that it might be diverted upon him their shepherd . paganisme may instruct us sufficiently in this . alexanders conquests in the east were as pure and unmixt as any , yet it is a great addition to his fame , that he treated the persians with the same indulgence as the macedonians , shewing himself an equally tender shepherd to both , and complying therein rather with plato's politiques then aristotles . adrian also an emperour , as unlimited as any , confessing himself born for his countrey , not for himself , made these words good : ita se rempublicam gesturum , ut sciret populi rem esse non propriam . pastor populi non sui-ipsius , sed subditorum quaerit commodum , & officio suo semper fungitur utilitati consulens & societati . i wish a christian had spoke this , or that no christian did disapprove it ; it were vain to pursue this further . howsoever , i deny not the due operation of a just , totall , and unmixt conquest ( though i scarce ever read of any such ) for conquerors coming in by violence , cannot be assured in a strange nation , without some violence at first , but that which is policy before establishment , is not justice after it . and secondly , though victors ought not to induce any conditions contrary to gods law , or grievous to the conquered ; yet perhaps they are not bound to restore all former extraordinary immunities in so ample a manner as they were before enjoyed . and thirdly , conquests have great force in taking away competitions , and extinguishing concurrent pretence of titles ; and as to the crown it self , they cut off all independency , as is now apparant in ireland , and in other parts of england now incorporated , and consolidated into one numericall masse thereby . but they are most wretched politicians that ground upon conquest ( be it rightfull , totall , and without conditions granted by the conqueror , or contracted by the conquered , or not ) a right of destroying and inthralling , and an exemption from all law for the present : and yet they which by conquest abolish all rights of the people , and that beyond all power of restitution for the future are further opposers of truth , and enemies to mankinde . had the conquests of england and ireland at first been just over the whole nations , and that without all pactions of grace ( as they were not ) and without all consent of the people ; yet that therefore all subsequent oathes and grants of our kings , and agreements of the nations should be utterly voyd , and all the laws of god and nature of no vertue , but that our kings are left still to their own discretions , and arbitrary , absoute prerogatives is an inference to be wondered at amongst rationall creatures . the second thing that qualifies ireland for vnion is , that the protestant religion is so farre dilated and known there . the well-wishers of popery pretend for the upholding of their own blinde superstition , that conscience is not to be forced , and that without bloody force papists are not to be reduced . this weak pretence hath done unspeakable mischief both in england , and ireland ( as appears this day by our unnaturall wars ) and we have been not onely very ignorant , but very wicked , i fear , and very guilty in admitting it . that force which borders upon cruelty is not to be used , i would not that it should be done to babel by way of retaliation , as babel hath done to us ; but certainly magistrates are responsible for all those souls , whom they may reclaim by politique severity , and do not ; and we see what effects politique severity hath produced in denmarke , sweden , scotland , &c. without effusion of blood ; and he that will deny the same , that it might have been as effectuall in england and ireland , must alleadge some strange or unexpected reason . 't is not so difficult to draw from falsity , as from truth , to make a turk a christian , as a christian a turk . and as for the populacy of any nation , we know they are to be driven by shoals , almost into any religion , where the magistrate , and spirituall minister co-operate together : the frequent and suddain conversions , and perversions of sundry nations in all ages , testifie this to be a matter of no great difficulty . and as for some few of the more knowing and conscientious sort , the meer want of a toleration , their own paucity ( if some other encouragement be not supplyed by connivence , &c. ) in some reasonable time would wear them out . and if the breeding of their children within these last yeers had not been omitted ; nay , if countenance under hand had not been afforded to papists , these wars had never happened : but now things so standing , 't is just in god that papists be so cruell to us in temporalls , as we have been to them in spiritualls . 't were advantagious for vnion , that we were all of one , but more especially of the true , pious , charitable protestant religion . and though this advantage hath been hitherto neglected , yet still we have power enough , by the grace of god , to provide better for the future . the third help to vnion is , that nature hath placed both our islands like twins in a remote angle of the world ; and as if she intended more to estrange ireland then england , she hath further seated her from the commerce of forraigne nations ; and it may be supposed , that they are both divorced from others , that they may be wedded to themselves . and surely as ireland's love and vicinity is very usefull unto england , so englands cherishing fidelity must needs be totally necessary unto ireland . did the irish depend upon the protection of spain , or some other distant countrey to guard them from the forces and armado's of england , that protection could not but cost them very dear ; for besides the calamities of endlesse war , in a nation so intermingled , the very burdens of protectors would perhaps prove as grievous , as the encounters of their assaylants . flanders now by its subjection to spain , is made the theatre of affliction , almost beyond hope of redresse ; and though she draw from spain many millions for her defence , yet without doubt she is more wretched by serving philip , then philip is weakned by supporting her . it is fourthly probable , that both nations were antiently descended from the same originall plantations and colonies , and if the name of hiberno-britaines may not be applyed to the irish , as cambro-britaines is to the welsh ; yet now scottish , english , welsh , and the mixt irish being so indifferently blended in ireland , and congregated ( as it were ) at a generall determinate randevouz , and the same language being so generally current , and the temperature of the clime , and the congruity of the antient natives in disposition so inclining to vnion , it must be wilfull neglect in us , if we do not close yet more amiably together . fifthly , in laws , customes , and constitutions for peace and war , there are lively resemblances . facies non una duabus , nec diversa tamen ; qualem decet esse sororum . nay if there be not altogether the same lineaments in both , yet there is more then a sisterly correspondence . sixthly , though some execrable offices have of late been done in ireland against our nation , yet we must account that quarrell to be religious , not nationall ; for we see they have not spared the scots ; they have not spared the english irish ; they have been cruell to all protestants , of what countrey soever . the same whorish inchantresse also , which is now bloody in ireland , hath ever been so in all countryes : the scripture characters her by making her self drunk with the blood of the saints , and dipping her garments in the same dye . the same false religion hath formerly made england flame with mercilesse executions , and spain grone under diabolicall tortures , and france swim in inhumane massacres . quae regio in terris , nostri non plena cruoris ? let cruelty be the certain test of false religion , and let england and ireland , and all nations abide the tryall of the same . for protestants are so farre from destroying their known enemies , that they are cruell to themselves in sparing , where they hope lesse of being spared . protestants are not bound alwayes from doing , as they have been done to by their enemies , or from disabling and repressing future malice in their enemies ; yet ireland is a witnesse this day , that they are more prone to favour unappeasable foes , then to prevent the most horrid treasons . but i leave this as remediable hereafter . as for the separation and divulsion of that sea , which runs betwixt england , and ireland , i conceive it to be no considerable hinderance of vnion ; for we see venice , and cyprus , and divers other countries by the art and happinesse of just government , love and embrace at a further distance , though other people are also interjacent , as are not here . and if any other heart-burning or distaste have happened of late betwixt the nations , by injustice , or mis-government ( as perhaps hath befallen as eminently amongst our selves ) the redresse and cure thereof will not be hopelesse . . i come now to my overture it self ; whereby further vnion may be promoted and confirmed amongst us . that ordinance of state which shall most equally diffuse , and breath abroad into all nations governed under the same scepter , the self-same measure of right and benefit , shall be most effectuall and vertuous to unite those nations . now it seems to me , that such an ordinance is now wanting in england , scotland , and ireland , and yet that neverthelesse it is not difficult to be framed and reduced into act. in england there are divers courts of iustice , and councells of state , whereby government riseth from the basis to the pyramis , by a farre symmetricall conus ; and there is not any matter of concernment to the crown of england , for which there is not a proper place appointed , and proper persons assigned to attend , and transact the same for , and under , or together with the king . the same policy also is in scotland , and ireland , for matters peculiar to scotland and ireland : but in england , scotland , and ireland for matters concerning all three kingdomes , or that remain in debate betwixt any two of them , besides the kings sole brest ( thereby too much over-burthened ) there is not any other judicature assistant , and common to all the nations to which the same may be committed . and yet in my opinion , this chasma in government is more irregular , and of more dangerous consequence , being it concerns great generall matters , and high points , then a lower defect would be , in businesse of a more narrow and private nature ; for if the king be served and attended by such councellors so chosen and qualified as he is lord of our kingdome , is it not more expedient , that he have the same service and assistance as he is lord of three kingdoms ? some few yeers since , some of the kings subjects under an english commission , and others under a scottish , met it greenland to fish , and upon a question of their severall grants blood was drawn , and force carryed it for the english : out of this fire a nationall flame might have been kindled , and till this day the blood remains unexpiated , and the controversie undertermined . not long since also the king was deeply incensed against the whole scottish nation , and the scots complayned of violations to them offered . in this unhappy dispute the king so engaged , was the sole judge ; and yet the english being neither parties nor judges , nor having any cognizance , or witnesses , or otherwise , were to incurre generall danger of ruine , to decide this with their swords . although in all private suits and questions of right betwixt the king and any vassall of any one of his kingdoms , the king ever referreth himself ( according to his oath ) to qualified and indifferent sworn judges , yet here the lives of millions being endangered , and the honours of nations engaged , the king only by the sword must give judgement . that which then happened to scotland upon as small a ground , may perhaps hereafter become the case of england , and ( for ought i know ) is now happened to ireland . but to what reason or equity can this seem commensurate , that whole nations should be worse provided for in points of judgement , then the poorest members of each nation . and as it is in common-pleas , and pleas of the crown , so it is also in matters of honour , and acts of state , 't is injurious and repugnant to vnion , that any one nation should be debarred from an equality of priviledge , or advantage , or interest in the king and his most generall actions and councells . my result then is , that to make vnion perfect betwixt the three nations some common court of justice and councell of state must be erected , to which each nation , or any member of each nation , in a nationall difference , may have recourse with equall confidence for the redressing of all injuries , for the deciding of all controversies , for the preventing of all dangers , for the removing of all jealousies , and for communicating of all state or court-benefits , and for the transacting of all matters of generall concernment . charles the eighth , then made brettaign one with france , when he levelled and equalized both in parliament , possessing both nations one of another , par my , & par tout ; for by this means the same crown overshadowed and spread its wings over both , investing both with the same propriety in it self . in the same manner also wales and england did inter marry , and of two became one ; for there is no burden of the crown whereunto the english-man is not now as lyable as the welsh-man , mediately or immediately , nor no priviledge of the crown whereunto the welsh man is not equally intitled with the english-man . the same must also be brought to passe betwixt england , scotland , and ireland , or else the same perfection of amity and unity can never be established ; and that can never be , but by the same , or very like means . where there is the same law to limit the judge , and the same judge to pronounce and execute according to the true intent of that law , and where both contesting parties are equally interessed , both in the judge and law , the judgement is ever finall and satisfactory to both ; and thus it is with england and wales , but thus it is not as yet with england and scotland , and therefore between england and wales there is no fear of division , but betwixt england and scotland there is ; and the king alone ought not in all cases to be both the iudge and the law , or can fully satisfie all ; for the king may have more neer naturall relation to one kingdom then another , and by other respects more by as 't to favour the one kingdom then another , & without assistance he is not competent for all things . and therefore the qualification of that assistance that it be equall and impartiall , and trusted by all , is of great and weighty moment . and this is true in matters of state , where no law is written , but in matters of right , where laws are as requisite almost as iudges , it is necessary that both partyes be as fully assured in the laws which are to regulate the iudges , as the iudges which are to enlive the laws . and this cannot be , unlesse all our three nations have equall consent and concurrence in parliament , to sit as iudges , and to passe laws , or to convene representatively and vertually in some lesse court and councell , branching ( as it were ) out of the parliament , severall , and approaching also in power as neer thereunto as may be . nationall parliaments shall still move in their proper orbs , taking cognizance of all particular nationall affairs , and this new erected seat or table , though it may have much of parliamentary vigour in it , especially in the vacancy of parliaments , as to cases of generall consequence ; yet it shall have no iurisdiction at all in meer nationall expedients . by this means ( as i conceive ) the three kingdomes shall be contempered into one indivisible monarchy , and be made one solid naturall body , and such vnion entertayned as shall be to the advantage of all three nations , and to the disadvantage of no one ; such as shall distribute all priviledges equally to be enjoyed , and all services equally to be born , and leave behinde no shew of inequality to be a ground of envie or disunion . 't is true , the king cannot be corporally present in all the nations at once , but whatsoever the benefit of a royall court may be , the disposing of that is left arbitrary to the king ; and this may seem perhaps great inequality to those nations which have lesse attraction in them . the meer residence of a prince , if it be a commodity , it goes many times accompanied with divers great discommodities ; and as the sun , though it be the most auspicious of all celestiall bodies , yet it doth not alwayes inrich those tracts of earth most , which it most violently heats with its torrid perpendicular beams : so neither doth the majesticall court of a king alwayes make those territories most happy , which enjoy it at least distance . but be this benefit what it will , in this , england intrusts as much to the kings meer discretion , as either scotland or ireland , knowing that without unnaturall force he cannot be restrained in it , nor without cutting monarchy into mammocks , that all countries or corporations can be thus satisfied ; and presuming that no king will ever withdraw himself where he may be most usefull , or so confine his person to one place , as that his influence shall be wanting in any part of his dominions , no umbrage can be taken of emulation in this . and as for all other things , equality , that unmoveable centre of the universe , and impartiality , that blessed ballance of government , shall be most exactly and mathematically pursued in this new erected synedrion ; the heptarchy of england shall not be more abolished then the tritarchy of england , scotland , and ireland . i need not therefore say any more of this generall junio , or court it self , or of the end for which it is so convocated , 't is sufficient that i have fancyed it to be equally chosen out of all the three nations , for the making them into one by an equall dispensation of all rights and priviledges , and an exact distribution of burdens and chastisements . i shall onely now adde somthing of some requisites , and qualifications due to it . that this counsell may be effectuall for those ends for which it is ordained , all parties should equally confide in it , for which purpose it must be dependent upon the king , as parliaments now are , and also be chosen equally out of all three nations by parliament , and in each nation of the lords and commons , or severall ranks in number proportioned for their mutuall assurance . for example , i will suppose a trienniall parliament in each nation setled , and the same parliament to nominate a convenient number in each nation for their own order to be indued with power as their standing committees , to continue from one parliament to another , and no longer , unlesse for an honour and testimony of publique confidence they be then longer continued . i will wish also , that in all cases nothing be determined by fewer then one of the nobility , and two or three of the commonalty of each nation , and that plurality of votes in grosse , may not carry any thing but plurality of kingdoms . and if any high difficulty arise betwixt kingdome and kingdom , let it be reserved for further resolution in all three parliaments . and if it happen that there be not one of the nobility , or two or three of the commonalty surviving from parliament to parliament , then the king to chuse and supply that temporary fail . considering it also as a councell of state , let it assist the king in all embassages , and publique treaties , and under him superintend all forraigne plantations and mysteries of trade . let it have a confined power to mingle the nations in blood by inter-marriages , to conform them in language , manners , and religion , and to reward all nationall offices of friendship , and to punish all publike enmities ; and let it's authority be greater then that of the privy councell . and considering it as a court of justice , let it hold cognizance of all publique quarrells and divisions ; let it suppresse all incendiaries , declaring themselves either by words or actions ; let it uphold all orders of equality , and cut off all opposers of the same . and for this purpose let it obtain a iurisdiction in such publique nationall causes , equall at least to that of the kings bench . and that they may the better establish generall vnion by preventing and removing all occasions of division and emulation , and by supplying and corroborating the surest nerves of mutuall affection and correspondence , let the persons of these grand councellors be sacred , their maintenance honourable , at the charge of their respective states , and let severall parliaments derive or consigne power to them , and demand account from them , as occasion shall require . let the place of their residence , and the times of their convening be designed by the king , as reason of state shall bear , and let them attend his pleasure as the lords of the councell , and as the judges of the kings bench now do . let all warres , especially with forraign states , be undertaken by their advice ; and let the levies of men , money , and ammunition be proportioned in all the three kingdoms by their discretion , and let all truces and leagues be made and preserved as they shall counsel . to conclude , my hope is that by some such wholesome constitution ireland may be better reduced , and the like rebellions for the future prevented , and perhaps other states , by the harmony of our vnion , invited into an incorporation with us , till we all grow up into a body equall , and able to poyse with any state now in europe . but i leave the further maturation of this overture to men of profounder knowledge , and stronger judgements . let the motto of king james be never forgotten , faciam eos in gentem vnam . the oath of pacification, or, a forme of religious accomodation humbly proposed both to king and parliament : thereby, to set an end to the present miseries and broyles of this discomposed, almost ship-wrackt state. parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) the oath of pacification, or, a forme of religious accomodation humbly proposed both to king and parliament : thereby, to set an end to the present miseries and broyles of this discomposed, almost ship-wrackt state. parker, henry, - . england and wales. sovereign ( - : charles i). his maiesties declaration to all his loving subjects, after his victories over the lord fairfax and sr. william waller. [ ], p. printed for robert bostock ..., london : . reproduction of original in thomason collection, british library. eng waller, william, -- sir, ?- . fairfax, ferdinando fairfax, -- baron, - . england and wales. -- sovereign ( - : charles i). -- his maiesties declaration to all his loving subjects, after his victories over the lord fairfax and sr. william waller. great britain -- politics and government -- - . a r (wing p ). civilwar no the oath of pacification: or a forme of religious accomodation: humbly proposed both to king and parliament· thereby, to set an end to the p parker, henry c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion the oath of pacification : or a forme of religious accommodation : humbly proposed both to king and parliament . thereby , to set an end to the present miseries and broyles of this discomposed , almost ship-wrackt state . claudite , pastores , rivos , sat prata biberunt . shut , shut the sluces of this purple floud , the medowes have carous'd enough in bloud . london , printed for robert bostock , at the signe of the kings head in pauls church-yard . . the oath of pacification : or a religious forme of accommodation : humbly proposed both to the king and parliament , &c. the kings last declaration of iuly the thirtieth was published as an act of great grace to the subiect : and being issued immediately after his maiesties good successe , obtained against the lord fairfax , sir william waller , and colonell fines , it emblematized the king ( as some courtiers fansied ) with a victorious palme in one hand , and a peacefull olive in the other . neverthelesse , it appeares by the close of that declaration , that the intent of it was , to bring in men , money , plate , horses and armes , as well as to proclaime pardon , for it proclaimed pardon to no other persons , than such as should forthwith apply themselves to the king , nor on no other conditions than upon the bringing in of such like ayds , and supplies . the favour was not to bee extended to all , nor was it cloathed in the habit of a composition , or peaceable accommodation , it onely set to sale a pardon , and the price of that pardon was besides treacherous combination with the papists against the parliament , such money , such plate , such horses , &c. 't is true the rate of the purchase was left indefinite ; but it is well enough knowne that all such as have submitted to the king , and confessed a guilt of treason in themselves , and undertaken to redeem the same by new services have found their penances rigorous , and their ghostly fathers very hard to be satisfied . the effect therefore which that declaration had , was no other , as wee can perceive , but to put more courage into the lovers of parliaments , and to quicken all good men the more in the raising of new forces , and imbarking in harder adventures : and gods name be praised , who did not onely then give us such pious and manly resolutions , but hath also speeded & mercifully prospered our undertakings . the face of things is now changed : the earle of essex hath since that removed the kings terrible army from before gloucester , and after a bloudy day fought by newbury , is returned home victorious . sir william waller , and the earle of manchester are great in new hopes , and preparations , and the marquesse of newcastle is as fearefull to receive annoyance from the scots , as hopefull to doe any to the lord fairefax : wherefore it seemes to me , that if a faire way of accommodation were now tendred by the parliament , it would bee held as honourable , as seasonable : and it seems not impossible to propose such termes of pacification as may well stand with the honour of god , the safety of religion , the advantage of the king , the justice of the parliament , and the wishes of the people . the king hath divers times ( though not with any publike ceremony or solemnity ) applyed himselfe to satisfie his subjects by protesting innocence , and appealing to the judgement of almighty god ; but there hath been such generality in his expressions , and defect in his formes hitherto , that his subjects remaine yet unsatisfied . that which i shall therefore now undertake , with my utmost discretion and abilitie , is to demonstrate wherein the kings oathes have beene hitherto short , and of little securance , and how they may yet bee compleated , and made satisfying : i will in the first place set forth the forme of the oath , both as it is conceived in his majesties owne words , and as it is altered with my additions and suplements ; and then i will next addresse my selfe by way of reason , to give some account why it may bee admitted and entertained by either side . in the kings last declaration of iuly aforesaid , i find the forme of the kings vowes , and protestations to run in these very words . whereas almighty god , to whom all the secrets of my heart are open , knowes with what unwillingnesse and anguish of soule , i first submitted my selfe to the necessitie of taking up defensive armes . i having before with iustice and bounty to repaire my subjects former pressures , made excellent lawes for the preventing of the like , and offered further to adde any thing else for the establishment of the religion , lawes and liberty of the kingdome . and whereas in september , . in the head of my armie , ( not then great ) besides at other times i made voluntarily a protestation to defend and maintaine the true protestant religion , the just priviledges , and freedom of parliaments , and to govern by the lawes of the land , for whose defence onely that armie was raised , and hath beene since kept : and whereas there cannot bee a more seasonable time , to renew that protestation then now , when god hath vouchsafed mee so many victories . i doe therefore now declare to all the world , in the presence of almighty god , to whom i must give a strict account of all my professions , and protestations , that i am so farre from intending any alteration of the religion established , or from the least thought of invading the liberty and property of the subject , or violating the least priviledges of parliament . that i call god to witnesse , who covered my head in the day of battaile , that i desire from my soule , and shall alwayes use my utmost endevours , to advance and preserve the true protestant religion , and that the preservation of the liberty and property of the subject in due observation of the lawes of the land shall bee equally my care ; as the maintainance of my owne rights , i being desirous to governe onely by those good lawes . and i doe acknowledge the just priviledges of parliament , to be an essentiall part of those lawes , and will therefore most solemnly defend and observe them . ( to adde to the perfection of this oath , and to make it satisfying , i shall supply as followeth . ) and forasmuch as generall professions of maintaining of law , and doing justice , cannot end the present differences of this state , or secure us from the like hereafter ▪ but particular judgement must be given according to law and iustice , in the maine poynts now controverted betwixt us : and that iudgement which shall ever rule , and conclude both sides must not be expected from my breast , or any inferiour councell , but from the supream iudicatory of the kingdome : by the oath already taken , i further oblige my selfe , that i will ingeniously and with my utmost skill make strict inquirie what the supreame iudicatorie is , which in these grand disputes is to dispence law , and to arbitrate betwixt king , and subject : and the same being made knowne to mee by the best and most impartiall advice that can bee gotten , i will most intirely , and freely submit all my claimes and pretences to it , to be resolved and determined by it . i will not onely imploy my utmost power to remove all obstructions , and impeachments , which may obviate its proceedings , but i will vigorously concurre my selfe in all good expedients for speeding , and facilitating its finall awards . and lastly , since the safety and security of my subjects depends upon my good administration hereafter , aswell as for the present ▪ and upon the comportment of my substitutes and favourites , aswell as upon my owne , and that in matters ecclesiasticall , civill and millitarie , aswell as iudiciall : by the same oath that i have already taken , i againe ingage my selfe perpetually to tender the propagation of the same protestant religion , and the liberty and prosperity of the english nation , equally with my owne rights and royalties . and that the lives , liberties , consciences , or estates of my subiects may not be entrusted into the hands of such as are ill affected to them , i will exclude from my publike counsaile , and from all direct , and indirect power in state affaires , ( especially of a high nature ) all that are not of the protestant religion , of the british nation , of the masculine sex , all that are not generally reputed vertuous , and sworne to be faithfull servants to the state , aswell as to the court . in testimony also that i doe without all guile , equivocation , or mentall reservation ▪ sweare and vow these things in this reverent place , now that i am to receive this blessed sacrament before these lords and gentlemen here present , i doe beseech almighty god so to make these mysteries profitable to my soule , and this solemnity satisfying to my people , as i doe now cordially and sincerely transact this for an assurance , and not for a snare to them , if i doe not in my soule purpose to fulfill the tenor of this oath to my lives end ▪ and in pursuance thereof , ever to oppose the introduction of romish superstition into this church , and the french arbitrary royalty into this state , let this venerable flesh and bloud prove mortall to me , let this imprecation testifie against me ; let god blot out his royall vnction upon me , and let my subjects justly , and by this my owne dispensation withdraw obedience from me . these two conditionall clauses i humbly present , as necessary either to explaine what the king had sworne before , or to discover what the king intended before : for if this oath ( as it is now framed ) bee accepted , it will let us know how farre we were secured formerly : and if it be rejected , it will be an advertisement to us , what little security we are to expect hereafter . the solemne and sanctimonious manner of taking this oath , will next much conduce to the satisfying of the people ; for paper oathes , as they are mingled with other matters in declarations are not so authenticall with the phlebeians , and we should seeme lesse religious than our ancestors were , in times of more blindnesse , if wee should not observe a great deale of holy state in a businesse of this transcendant , and more than secular nature . the last cautionarie advertisement that i shall humbly tender withall , is , that an oath may be also administred to the queen , and to all suspected papists , aliens , &c. to the restraining of them from all intermedling in matters of our church , or state , and from attempting any thing mediately , or immediately , directly , or indirectly against the peace of this kingdome . by this meanes , with some more perfect alterations ▪ or provisions , under favour i conceive our greatest feares might be qualified , and our most desperate maladies asswaged , if not cured : but i know some objections will be alledged on the kings part , why hee ought not to make this oath , and on the parliaments why they ought not to take it ? let mee have a little favour to say something herein . oathes have beene ever honourable , and sacramentall obligations , such as god himselfe hath not ▪ disdained to use ▪ for the taking away of doubt and distrust in man , and such as hee hath prescribed to men for the composing of differences sometimes , aswell betwixt publike as private persons . but in this contestation betwixt the king and parliament , though both sides have sundrie times had recourse to oathes and invocations of gods name , and more especially the king , yet that pacification and amicable accommodation , which might have beene hoped therefrom , hath not been concluded and consummated . and i conceive there are two reasons why the kings protestations have not been so effectuall , and available , as was intended they should . first , because there is great uncertainty , and dispute in that which the kings oathes principally take for their subject or matter . secondly , because the king seemes totally mistaken in the end of his oathes , or rather in those feares and iealousies of ours , which his oathes endeavour to remove . first , the king by his imprications would assure us that hee intends no ill to religion , law , or liberty , as they are established in england ; but our maine strife and controversie here is how religion , law , and libertie are established in such and such poynts , and who shall judge of that establishment : wherefore to decide that controversie and attone this strife , no generall oath of the king can bee held sufficient . in private suits betwixt subject and subject , the law permits nor the king to judge , much lesse does it stand to the kings judgement , when the sute is betwixt a subject and the king himselfe ; and least of all does it rest upon the kings determination , when the king is a partie of one side , and the whole kingdome on the other . neverthelesse , in this our present grand debate , the king sweares in generall to doe justice , and yet what that justice is , which is to bee done , hee himselfe is ignorant ; nay the greatest of our profest lawyers adventure not to determine , ( they have great divisions , and contesttions amongst themselves about it ) although all unanimously affirme , that the king quatenus a partie , and quatenus a lay-man , is of all men most incompetent for the determination thereof . when the kingdome groaned heretofore under the oppression of the shipscot , and divers other taxes utterly inconsistent with the subjects libertie , the king intended no violation of the subjects libertie . he had sworne , or might have sworne then in generall termes the same thing , with the same safetie as he sweares now . so if the like dispute arise hereafter , of the like difficultie , about some other branch of prerogative ( for prerogative is not made now more knowne , but more unknowne of late ) there is no hindrance but the king may treat us as he did then indeeds , yet protest as hee does now in words . the like may bee said of religion , the king intends no alteration of religion , and expects that wee should acquiesce in that profession of his , and yet wee feare he judges of alteration therein by his bishops , who ayme at nothing more than innovations , wherefore this can be no ground of confidence in us , because ▪ the king in his owne understanding , may both make and keep such an oath , yet poperie shall still prevaile , and protestanisme decline , as it hath done hitherto . 't is far then from being a security , 't is rather a danger to a state to depend on a princes generall oaths , when these oathes depend upon his meere understanding , forasmuch as law does not direct us to the kings breast , as our sole and supreame tribunall , but rather dehorts us from the same , as most of all to be distrusted : this is a dilemma not to be excepted against : either the king relyes upon his owne knowledge and judgement , concerning alterations in law , &c. when hee abjures them ; or not : if hee does undertake to know , and judge of all alterations , and of all differences raised thereupon in church , and state , betwixt himselfe and his subjects , then is our government meerely arbitrarie ; more arbitrarie than the french ; then are his edicts and acts of state our best arrests , and acts of parliement ; then does our law , and religion , import no more to us , than his meere pleasure . let it but bee maintained , that wee must expect satisfaction , and decision from the kings breast , where poperie and protestanisme , where prerogative and libertie confine , and border one upon the other ; and let the maine secrets and quaeries of law bee subjected to the kings cognizance , and and for my part , i shall ever conceive , that enacted law , and publike right , are nothing else but royall pleasure , and one single mans fansie , or humour ; but on the other side , if the king doe presuppose himselfe an incompetent judge , and as lyable to grosse misakes , and dangerous deviations in law , and religion , as hee hath beene formerly , when wee were almost at an utter losse in both ; if hee will acknowledge that there may bee as intricate controversies , and as undeterminable debates betwixt him and his subjects hereafter , as have beene formerly , and as now are at this instant , then all that wee can hope for from his oathes , is but this , that wee shall bee as much distracted hereafter , and as remedilessely torne and divided with dissentions , as wee were formerly , or are now : all our assurance is , wee shall bee permitted to remaine and continue in the condition as we were , and as wee ( which makes his oaths of no effect ) now are . secondly , the next reason why the king renouncing by oath all alterations in law and religion , does not put us out of all our feares , is , because hee alwayes sweares for himselfe , not his favourites and councellors ; and yet our feares have more respect to his favourites than ▪ to himselfe . and so notwithstanding the security which his oathes gives against any ill intentions , or machichinations from himselfe , wee still remaine exposed to ruine , by the ill intentions , and machinations of such as have a great sway in his counsaile , and affections , he himselfe perhaps being neither privie nor confenting thereunto . the king favours not the irish rebellion , yet such as were the favourers , nay the plotters , and actors in it find favour , and receive power from the king : and what difference is it to us , whether wee perish by the kings hand immediately , or by his favourites mediately ; by the kings owne accord directly , or by his onely permission indirectly ? ireland hath seene more than two hundred thousand families of brittish protestants dispeopled and massacred by treacherous papists , ( notwithstanning that all this deluge of bloud might have beene prevented by the kings timely foresight and care ) and england is now falling into the same desolation by the same faction , and yet the king is so farre from withdrawing favour or power from papists and their accomplices , that hee puts more armes into their hands here , and holds further correspondence with them abroad : how can wee then but seeme as stocks , or more stupid than beasts , if we now expect no assurance but an oath , and include none in that oath but the king ? eli was a good man , but an ill majestrate , hee knew better how to moderate his owne affections , than to bridle the insolencies of such as were subordinate to him ; insomuch , that that good which hee did by himselfe was farre out-poized by that evill which hee permitted in others , and his lenity to his children became crueltie to the people . some men are much mistaken , if there bee not something of eli in our kings disposition , for though hee bee esteemed inflexible by such as hee hath once judged adverse to his ends , yet hee is much too ductile by those who have once gotten prepossession in his good thoughts . wherefore if his majestie seriously desires to put us into a condition of securitie , ( which is the onely remedy of our present distempers ) hee must rather provide for our indemnitie by protesting against connivence at evill in his substitutes , than doing evill in his own person . for he himselfe may be as guiltlesse privately as eli was , and yet in publke wee his subjects may live as miserably under his popish councellors , as the children of israel did under hophni and phineas . the law sayes the king can doe no wrong , and out of its civilitie it imputes all miscatriages in government to inferiour agents : but policy teaches us , that though a prince in law bee not questionable for it , yet in nature hee is strangely blameable , and deeply chargeable , when bee makes an ill choyce of inferiour agents . in law , it was the blame of rehoboam's young councellors , that so unpolitick , and unworthy a disgust was given to the great and honourable state of israel : and it was great pitty that they did not suffer for it : but it was rehoboams blame in policie , that hee would chuse young conncellors , and hee himselfe was the greatest loser by it . the wisedome of solomon would direct him to make use of that wisedome which is seldome to bee found but in hoarie heads , but the more foolish rehoboam is , the more solicitous hee will bee to finde out vaine consorts , fit onely to comply with his owne folly . had there been any particular good which rehoboam might have attained too by the prejudice of his subjects : the old councellors in probabilitie would have advised him to it ▪ for they seemed to take more care of the king than of the people , ( as they had done in their old masters dayes , to the danger of the nex successor ) but such is the temeritie of these green headed statists , that they neyther ayme at the good of the people , nor of the king : they seemed to imagine , that it was a sufficient recommendation of a thing to a prince , to represent it as disadvantagious to the people , and in this they ▪ failed not to please their rash lord , who was so farre from giving satisfaction to the people , as that hee thought it profitable to him to purchase their displeasure , though with the imminent hazard of his owne crowne ; wherefore it does not seeme so probable , that rehoboham did take preposterous courses , because hee hapned upon preposterous counsellors , as that hee did chuse preposterous councellors , because he did affectedly addict himselfe to preposterous courses . and when the main fault was in his will , rather then his understanding , 't was easie for him to erre in the most fundamentall point of all politicks , and to place his own peculiar good , rather in the publike disprofit , then in the benefit of his subjects . machiavell had never past for a wise man , had not all his subtill grounds tended to the pursuing of that advantage of kings , which consists in the peoples disadvantage ; and yet nothing can be more contrary to wisdome , or more repugnant to the principles of solid policie , then this very doctrine ; and without doubt , no wise man will seek to excuse him of sottish folly , but by accusing him of pernitious flattery ; for if he did not wilfully betray princes , as perhaps rehoboams councellors did , surely he did but publish to the world , the sickly conceptions of his own narrow heart . the vast businesse of government , especially where the nation is great , or where many nations are united , is not to be trans-acted by any one man : where one man commands in chiefe , the most sublime office of government is attributed to him , but the greatest burthen , and most important charge must rest upon the shoulders of thousands , as well in monarchies ▪ as in democrasies , or else great obstructions will follow . when the jews were but few in number , and mean of condition in the wildernesse , moses found the rule of them insupportable without many assistants , he was driven to follow iethroes counsell , as well to preserve himselfe from being crush'd under too great a weight , as to open the course of iustice to the israelites . that part of government , which is most extensive , and laborious , which requires not onely most activity , but most skill in many severall arts , and sciences must be undergone , and managed by multitudes of agents , and in monarchies , these agents are more subject to one mans will , in democracies lesse ; but that part of government which is supream , and may be concentred in one man , is more facile and narrow , and many times 't is best discharged , when that one man leaves most to his substitutes , and assumes least to himself . henry the third ruled better in his minority , when the highest acts of his royall superintending power were exercised by his servants , then in his ▪ maturity , when hee would arbitrarily straine his superintending power , to the over-ruling of his good councellors , and preferring of bad . the greatest honour of princes ▪ is to be wise , and the greatest wisedome of princes is , to chuse fit instruments , and this choice cannot be without publike advice , yet weake princes relish no honour in any thing , but in enjoying their own wills , and their wills they conceive then to be most gloriously fulfilled , when they please themselves by displeasing their subjects , when in their elections of counsellors and favourites , the state has no share at all , but is rather crossed , and opposed . was gaveston so deere to edward the second , because he was a good patriot ? no , if he had been such , it had been a vulgar thing in edward to uphold him , the power of a great prince is more eminent in chusing instruments for his own wicked pleasure , and then to uphold them , when whole nations seeke to teare them from their masters bosoms . t' is not so kingly to be regulated by wisdome of parliaments , as to doe acts of meere will ; nor to concurre with the publicke suffrages of a state , in the promoting of good men , as to reject the prayers , & teares and cryes of communities in the defending of incendiaries , nor to aime at the safetie , and prosperity of the people , as to compasse private designes utterly opposite thereunto . that royalty which proposes to it self the flourishing condition of the subject as it 's best establishment : has more regard to the deputation of worthy officers in state , then to any other perticular interest : but since flatterers have found out an other royalty which proposes to it self common servility for the truest basis of it 's grand our ; he which can invent any thing for the subject below woodden shooes , and canvas breeches is a rare polititian , to be valued equally with a princes life , honour and prosperity . why was the price of strafford of greater esteeme then the peace of three kingdoms ? because he was a minister better affected to this new royalty then the severall states of the three severall nations : because he was devoted not only to serve the king more then the kingdome , but even against the kingdome : because if he could not add to the kings publicke puissance by adding to the states wealth and honour , yet he could adde to the kings private splendor , by depressing the states wealth , and honour . if the king did professe that he ought to look upon the community as having ends contrary to his true soveraignty , and the happinesse thereof , as inconsistent with his legall prerogative , then it were just and reasonable that he did imbrace no ministers , but such as were odious to the people , nor pursue no ends but such as were distructive to common liberty . but since his professions and oathes look an other way , t' is most wonderfull that in delegating of officers military iudiciall , &c. he should so far abhor parliamentary advice , and approbation , and prefer all the miseries of this bloudy warre before it : fot it were better for us that parliamentary advice , and approbation were rejected in all other things , then in the placeing of publicke ministers , upon whose rule the welfare of the state more depends then upon any other act of royalty it self ▪ if we are not utterly mistaken in point of law , the great officers of the chancery , admiralty , treasury and others , that are more properly the kingdomes , then the kings ministers , are to be chosen in parliament : and if the law in speciall terms were not such , yet by generall intendment of law all arduous affaires of generall and great importance are to be transacted by the common counsell of the land . now wee well know , that the chusing of publick officers under good kings , which will not chuse a misse , is not of so generall , and great importance , as it is under perverted princes , who will chuse none but such as shall imploy all their abilities and endowments against the state , and to the disservice of the people ; lawyers and devines seldome distinguish rightly betwixt that power of the king which is invested in him by absolute donation , and that which is meerely fiduciary . neither doe they distinguish betwixt that power which is originally intrusted to the king , by the fundamentall constitution of this kingdome , and that which is occasionally by intermission or non-user left to the king at such or such times upon speciall confidence of his goodnesse . but policy must needs teach us , that no state can be long safe where all kings are equally trusted , and enabled , where the same king shall injoy that for ever as apperteyning to his undoubted prerogative , which at any one time he has gayned , or wrested from the people by his owne fraud , or force ; or perhaps by the peoples negligence , or indulgence to his wise predecessors . without all question , many smaller matters are intrusted to the kings meere discretion , but yet quateus smaller matters onely . whereas if the same things become greater matters , as they may , then the peoples right is not to be prejudged , because the law of publicke safety is above all lawes of prerogative , or any other laws whatsoever . for example , if j. s. be to cutt of the intayle of his land in parliament ; the king by his negative voice may oppose him at his pleasure : but if judgement be to be given against such a notorious traitour t' is otherwise ; and yet even such a iudgment too is not alwayes alike : for in times of great distresse it cannot be retarded , interrupted , or denied ; because of the extreāc hazard to the state , & in such case the king has lesse colour to pretend to a negative voice then at other times of more security : for as that which is of greater concernment , is not so much within the kings power as that which is of lesser , so that which is of lesser concernment at one time in one respect , is of greater at an other time in an other respect . and if lawyers find not these distinctions in their reports , and yeare books , or if devines find them not in the old fathers , or in their cannons of the church , they must not forbid other men that studie the intrinsecall rules of state , to make use of more generall knowledge , then that which their bookes afford . the bishop of armach has declared himself in point of iudgement against the parliament ; i shall onely demand of him whether he thinks himselfe wiser then the lawes of england , or whether he thinks himselfe wiser in the lawes of england then the maior part of both houses in parliament . one of these he must affirme . master holborne his iudgement does not concurre with the parliaments in such a point of law . i should demand of him , whether law must needs observe one rule in all cases of publicke and of private moments or whether we are restrained from all equitable distinctions , and interpretations except such as we find in fitz herbert , cooke and plowden ? or whether his or the parliaments resolution herein be more authenticall ? surely t' were in vaine to trouble all our counties , cities , and burroughs with such ludibrious elections , if some one bishop or one barrister could declare law better then those which enacted it , or enact law better then those for whom all law was ordayned . the kingdome it self taken in it 's diffusive body cannot convene in any one place , nor fix upon any one certane resolution , otherwise in all extraordinary cases , and iudgements , the finall decision ought to proceed from thence , therefore it must be formed into such an artificiall body as is fitt to convene , and to deliberate . and being so formed , it has in it all the persection , and excellence of the defusive body . t is true , the king may be held a representative of the people in ordinary cases , for avoiding of a more troublesome convention , but in extraordinary cases when such a convention is necessary , the parliament is the onely true representative , and congregated to the king for more perfection sake , or else it were vainly congregated . and because the people cannot be congregated at all , much lesse in any more perfect forme then in a parliament , therefore the peoples utmost perfection is truly residing in the parliament . let not then any private man , let not the king himselfe undertake to define how far regall power shall extend in iudiciall or military affaires ( as such a perticular position of things may happen , and according to all emergences ) better then the representative body of the kingdome , which in no respect ought to be held any other thing then the whole kingdome it self : much lesse let it be held against law , or disparagable to the king , to hearken to his parliament , in the choice of state officers , when so great a flux of protestant english bloud is to be stanched thereby . if the king would exempt us from fear , and therefore swears that he may exempt us , and yet will neither suffer us to chuse confidents for him , nor swear for such as he himself shall chuse , when our fears are chiefly grounded upon them , either his intentions will seeme fraudulent , or his oathes nugatory ; besides our fears now cause us to look upon our enemies not meerely as men that have a power in the kings ▪ affections , but as men that are likely to have a power over the kings armes , and when the king perhaps may want protection for himself ( if some timely prevention be not used , ) how will he be able to protect us ? t' is possible for an army composed of papists , strangers and those of the mercenary trade of war , not onely to awe us , but such also as first raysed them against us . absolute empire ends not ( as is expected ) in the freedome , but in the servitude of him , which sores to the highest pich of it . if the pretorian legions set caesars foot upon the senates neck , they will so far set their owne feet upon caesars neck , as to sell the empire when they please , and to whom they please ; a hundred nations remaine in bondage to one grand signior by meanes of the janizaries , and yet those janizaries retaine to themselves a supream controll over the grand signior himself . the french king inioyes an arbitrary prerogative more intirely , and more cheape then any prince that i have read of , because he neither relyes meerely upon an army , nor meerely upon the noblesse of that state whereby to oppresse the pesantry , but very subtilly he so makes use of both , as that he is totally ingaged to neither . but that crowne has not of late suffered any violent shock , or concussion , if ever it does , that frame of government will soone be shattered , and the great body of the community will gaine a party either amongst the noblesse or the souldiary . when marquesse hartford first strained himself , to bring in forces for prince rupert he did not perhaps intend to make prince rupert so imperious over himself , & over all our english nobility , as he is now growne . neither did sir ralph hopton thinke by all his meritorious services to gaine such a rivall to himselfe , and to all the gentry of england , as captaine leg. but now i feare they are subject to more unlimitable lords in the campe , then ever they stomached in the parliament . i pray god the king himselfe do not finde the like . his majestie needs no forraine discovery by sir william boswells letters , to advertise him of dangers , and conspiracies against his sacred person , the designes of the jesuites ( if they prosper , as by favour at court they are likely ) can never end but in the ruine of himselfe , or of the religion which he professes , there need to be no strange intelligencer to informe his majestie of this . we may then knit up this point in a more short discourse : somtimes princes are voluntarily in bondage to their owne creatures , as themistocles was , who whilest he over-ruled all athens , and athens over-ruled all greece , yet he was himselfe over-ruled by his wife , and his wife was over-ruled by her son : but this kinde of bondage is commonly more comicall . at other times , princes stand ingaged to the factions and forces by which their dominions were atchieved , and must be supported , and this kinde of engagement uses to be often very tragicall ; as the old stories of the romane emperours , and the moderne stories of the turkish sultans , and of sundry other insolent usurpers in other nations do sufficiently testifie . it behooves princes therefore , as well for their subjects , as their owne sakes , to avoid either of these servile conditions : let them not impose too heavie a yoke upon their subjects , and they shall neither have cause , nor disposition to receive any other yoke upon themselves . but though these additionall causes are free from exception in themselves , yet as the case now stands , and as the kings successe of late hath been , some men may cavill perhaps , and oppose the taking of this oath at this time . i shall reply little herein ▪ for it appears , as i conceive , that this oath , as it is now formed , does but open and explain the same intention which the king had , or ought to have had in the other : and therefore without great imputation , and suspicion this forme cannot be refused . i shall onely supplicate his majestie , that he will please yet more solicitously , and intentively , to review and research the true state of this transcendent case , and to come to a more equall impartiall debate about it , as well with other men , as with his own conscience : let it be his majesties care to hear whatsoever can be inforced by reason from any person whatsoever , let him put the case all maner of ways , & take a just consideration , in what condition he remains , if his cause be just , or if it be unjust , or if it be dubious , or partly just , and partly unjust ; if he does not cast thus about in spight of all prejudice , and take in all suppositions from all sides , as the fatality of this controversie now stands , no excuse will be large enough to cover him from the condemnation of god or man . we will first suppose his majesties cause to be just ▪ that he has onely the defensive part , and is necessitated to fight , and that the parliament as yet hath offered no terms of accommodation to him , but such as are more unjust , then all the plagues of this calamitous war . this , so being supposed , makes him innocent , but yet most unfortunate , it makes him the first man that ever fortune pickt out to ingage in such a wretched destruction of men and treasure without blame . amongst all his ancestors there will not appear , upon search , one of them who was just , and maintained a just cause ▪ and yet met with such generall opposition from his subjects , much lesse from the lords and commons assembled in parliament : how triviall soever the kings side account this , there was not ever a worse prodigie in the world to amaze any state , then this is , if it be true that the orderly presentative body of this nation , has , causlesly , and unnaturally , risen up against their righteous king to pursue him so far , as ours now is . it is not to be denied , but that some parliaments have done some unjust things , when they have been wrought upon by the force or fraud of princes ; but no example can be shewed , that ever any parliament did such an unjust thing as this , contrary to all motives and influences of a gracious and religious prince . some of the kings party have argued thus ▪ if parliaments may erre when they are perfect , having the concurrence of the royall state with them , much more may they erre when the royall state recedes from them , &c. but this i hold a grand mistake , for if i have any reason to make a right use of story , parliaments are represented to me never lesse liable to error , then when they receive least impressions from the king . with what regret then ought the king to look upon this unprecedented dysaster ? certainly , if he look upon us with a naturall eye , under such unparalleled sufferings , or upon himselfe with a pious eye , under such an unequalled affliction , it cannot but administer thoughts of horrour to him . bonus pastor ponit vitam pro ovibus , so said that prince of peace , in whom onely there was no sin , and in whose flock , joyntly , and severally taken , there was nothing else but ●in , and yet his death sealed as much as his mouth affirmed . moses seemed to preferre the well-fare of the obstinate jews , not onely before all his temporall interests , but also before his eternall diadem in heaven ; and saint paul seemed to be rapt up with a species of the same zeale . the passions of some heathen and hereticall princes towards their liege subjects , have been almost above the pitch of humanity : with what a strange kinde of hypochondriacall frenzie did augustus caesar cry out , redde mihi legiones vare ? if the bloud of his subjects had been drawn forcibly out of his own dearest veins , it could not have parted from him with a stronger resentment . how did our queen mary ▪ even to the death , deplore the losse of one town in picardie ? with what strange instruments did griefe make incision in her heart , whilest it would in grave the name of callice there ? the losse of all kings in all wars uses to be very dolorous , but native kings in civil wars , when they look upon such vast desolation , as is now to be seen in england and ireland , must needs think that their own interest , their own honour , their own saftie is of lesse consequence . we will now suppose the kings cause to be unjust , that the parliament has had none but loyall intentions towards him , and his royall dignity , nor has attempted any thing but to defend religion against the papists , the lawes of the land against delinquents , and the priviledges of both houses against malignants : and on the contrary we will suppose that that private councell which the king has followed rather then his publike one , has aimed at the arbitrary rule of france , and to effect the same has countenanced popery , and but pretended danger onely from the parliament , from the city of london , and from the best affected of the whole kingdom . qui supponit , non ponit : we will not assume , but presume onely that the great councell of the land is in the right rather then the king , and his clandestine councell ; but see what will follow upon this supposition , if it prove to be true , as it is neither impossible , nor improbable ; if this be true , what a formidable day is that to be , wherein the king shall render a strict account for all the english protestant blood which ha's been issued out , and is to be yet issued out in this wicked unnaturall quarrell ? manasseh which filled jerusalem with blood , and made the kennells thereof flow with the precious blood of saints , could not contract so black a guilt , as he that imbrues two large kingdomes with blood , and that with the blood of the best reformed professors of our saviours gospell . that blood of protestants which has been shed by papists , as in the parisian massacre ; that blood of christians which has been shed by infidells , as in turkie ; that blood of saints which ha's been shed by hereticks , as in the arian emperors dayes ; that blood of strangers which ha's been shed by conquering usurpers , as in peru of late , may admit of some colour , or excuse as to some degree of hainousnesse , and may plead for some kinde of expiation , but this is beyond all thought or expression : the goodly kingdom of ireland is almost converted into a golgotha , and the more goodly kingdom of england is hasting to a worse point of desolation : it must needs be therefore , that he to whose cruelty and injustice so much confusion shal be imputed , must be perpetually abominated as a plague of humane kinde more monstrous , and portentuous then any age formerly had the strength to produce . the ripping up of a mothers womb , the firing of such a metropolis as rome was , were but straines of vulgar , narrow-hearted cruelty ; antichrist himself may own the depopulation , and vastation of our brittish ilands , as acts worthy of his dying fury . but it remaines now in the last place that we suppose some doubt to be in the case , or some mixture of injustice in some circumstances : as that , though the king incline not at all to popery himselfe , yet he has favoured ▪ and enabled papists too farre to do mischiefe ; and though he cannot with safety cast himselfe wholly upon the fidelity of the parliament : yet he has no cause utterly to reject their consent , and approbation in the filling up of all places of publike power and trust as the emergent necessity of the times now is , nor to persist in this all-consuming war , rather then to condescend to an accommodation of that nature ; if we lay down but this for supposed , we must needs conclude that the king ha's not punctually and duly discharged his office , so as that he can clearly acquit , and absolve himselfe before god of this lamentable effusion of christian blood : for there must not onely be a perspicuous justice in the cause , but an absolute necessity of the war , when kings take up the sword against such a considerable number of their subjects as our king now fights against . though the cause may be just , yet the war is not lawfull where the miserable consequences of it do too far out-ballance the iniquity of the conditions offered , and proposed by the assailed partie ; wherefore if the meere and cleere justice of a cause cannot alwayes wipe off guilt , how shall he be purged from offence , whose cause is not totally just , nor undeniably evident in a war of this nature ? if the king does not apparently fight for antichrist , yet t is most apparent that antichrist does fight for the king , the whole hierarchy ha's declared their ingagement by publishing bulls , & by sending supplies into ireland , & england out of severall popish countries : on the other side if the earl of essex does not apparently fight for christ , yet it seems very probable that christ fights for him , for our great armies within the circle of this last year have four times met , and stil the kings side hath gone off with losse and disadvantage . redding being begirt with his excellencies forces , all his majesties power could not relieve it , yet glocester being begirt by his majesties forces , his excellency found meanes to relieve it . and as for edge-hill and newbery , though neither side was totally routed , yet the mastery of the field was left to his excellency , and had not fraud done better service to the king then force , scarce any other encounters in other parts had been prosperous to his popish armies . these things seem to make the kings cause at least dubious , for it were strange if in these latter dayes christ and antichrist should be so far reconciled in any one cause as to unite their battailes in the same expedition , or to pitch their tents in the same field ; and grant any doubt in this case , and the king can never be capable of justification in prosecuting it so far with fire and sword ; for the king has already sworne to uphold and preserve in their intire vigor the lawes of the land , and the priviledges of parliament , and we cannot deny but even this doubt might be decided by the lawes in parliament , or by some other judicatory out of parliament , if the king would referre it to such a decision ; if the king will admit of no judicatory to determine this matter , what are all our laws , and priviledges worth ? if he will admit of one , but doubts what it is , and will not be resolved by his parliament in that doubt , what will all his oathes profit us , what will all his deep professions of favour to our laws and priviledges stand us in stead ? all those suppositions severally or joyntly make it manifest , that this war , if it can be ended by a just oath on the kings side , not at all departing from the sense , and intent of his former oaths , or from the nature of his kingly office , will charge all these inexpiable mischiefes upon him , if it be refused : nay , when the king is not certaine of victory , and yet hath by so many dreadfull oathes debarred himself from all advantages by victory , if this devouring war ( wherein so much losse is , and no gaine at all to countervaile it ) be still protracted , and preferred before a composition of this nature , future ages must needs suspect , that love of ruine , and distraction , and a perfect hatred to the very nature , and being of man was the execrable cause of it : to recommend this methode of pacification to the king , i shall say no more , and to recommend it now to the parliament , very little will be fit to be said , in regard that kings are more devoyd of counsaile , then parliaments ; i shall thus onely contract my selfe . if we have respect to almighty god , an appeale to him by oath , is not lesse beseeming christianity then an appeale by sword ; for ought i can understand , this is rather a way of ingaging divine justice , then of disingaging it , if we may be permitted to use such a word . if we have respect to the king , no course can better save his honour or oblige his justice then this . if we have respect to the parliament , no other argument can more clearly vindicate their innocency and loyalty then this . if we have respect to precedents , this is a transaction of state exceeding ancient . if we have respect to the present occasion , our affaires are now in a condition so good , that fear cannot be upbraided to us , and the summer is so far spent , and our successe hath hitherto been so equilibrious , that we have no reason to presume . if we have respect to the future , as the armies may disband without turmoile , so we may all meet and incorporate again by this meanes upon more equall and friendly termes then by any other . the old word of command ( as you were ) will reduce us to that posture , in which the beginning of this parliament found us ; and then if the king observe this oath , he will incline to favour a due reformation , and consequently decline those rocks upon which he ha's of late unpolitickly both cast himself , and the state ; if he observe it not , no new advantage will accrue to him by this disbanding of both armies , but perhaps disadvantages , rather ; and certainly he will neither ingratiate himselfe with god nor man by temerating such a sacred paction . the cause of all our miseries is meer obstruction of justice , and such obstruction as nothing could worke but the utmost power of a king : now for the opening of obstructions , this oath , if it be kept unviolated , is as effectuall as any other expedient whatsoever ; and we may hope that it will be kept . but soft , i crave pardon for saying so much , or insisting upon any inducements at all , for i know both scots and english are now interessed herein , and i represent these things to the supreame wisdom of two the most religious kingdomes in the world . finis . the true grounds of ecclesiasticall regiment set forth in a briefe dissertation. maintaining the kings spirituall supremacie against the pretended independencie of the prelates, &c. together, vvith some passages touching the ecclesiasticall power of parliaments, the use of synods, and the power of excommunication. parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the true grounds of ecclesiasticall regiment set forth in a briefe dissertation. maintaining the kings spirituall supremacie against the pretended independencie of the prelates, &c. together, vvith some passages touching the ecclesiasticall power of parliaments, the use of synods, and the power of excommunication. parker, henry, - . [ ], , [ ] p. printed for robert bostock, london : . annotation on thomason copy: "by mr. hen: parker". reproduction of the original in the british library. eng church of england -- government -- early works to . royal supremacy (church of england) -- early works to . episcopacy -- early works to . a r (thomason e _ ). civilwar no the true grounds of ecclesiasticall regiment: set forth in a briefe dissertation. maintaining the kings spirituall supremacie against the p parker, henry b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion the true grounds of ecclesiasticall regiment set forth in a breife dissertation . maintaining the kings spirituall supremacie against the pretended independencie of the prelates , &c. together , vvith some passages touching the ecclesiasticall power of parliaments , the use of synods , and the power of excommunication . london , printed for robert bostock . . the divine right of episcopacie refuted . in this controversie about episcopacie by reason of many mistakes of either side much time hath beene spent to little purpose , and the right and truth is yet as farre imbosked , and buried in darknesse as ever it was . me thinks , the case is , as if two well imbattail'd armies had marched forth for a mutuall encounter , but both not taking the same way , there never was yet any meeting in any one certain place , where this great strife might bee decided . these mistakes and misadventures on both sides , as i conceive , have happened for want of an exact , and adequate definition of episcopacie first set downe , and agreed upon by both , and then by both equally pursued . it shall be therefore my care at this time to begin with a definition of episcopacy , and that such a one , as i shall take out of bishop hall , one of the greatest asserters , and in that the noblest , of episcopacy : and that which hee indevours to maintaine as being of divine right , i according to my power shall indeavour to disprove . the first definition given by the same bishop is this ; episcopacy is an holy order of church-government , for the administration of the church . this definition i hold to be too large , and unadequate for the determining of this doubt , for calvins discipline may according to this definition be called episcopacy , and it may be affirmed that episcopacie has bin in all ages ; since god had never yet any church , wherein was not some holy order of church discipline for better ruling of the same . and by the way , i must here professe to shake off , and neglect the mentioning , or answering of any thing which the patrons of episcopacie have alledged , and stuft their volumes withall , in defence of order , and disparity in the church ; for let our adversaries be never so clamorous in this point , yet it is manifest , that no church was ever yet so barbarous as to plead for anarchy , or a meere equalitie , neither did calvin ever favour any such parity as was inconsistent with order and government , neither do we see any such confusion introduced into geneva it selfe , as our hierarchists seem to gainsay . to let passe all impertinent vagaries , our dispute must be not whether church politie be necessary , or no ; but whether that church policy which is now exercised in england be necessary , & unalterable , or no . and not whether such parity as is the mother of confusion be politique , or no ; but whether such parity as now is at geneva amongst presbyters be politique , or no : but my present scope is not to defend the presbyteriall discipline in all things , it is only to maintain against the necessity of such an immutable episcopacy , as is now constituted in england , & so far to defend parity , as our hierarchists take advantage against it , for the upholding of their own side . to this purpose i cānot chuse but say , that in nature that seems to be the best parity which admits of some disparity in order , and that seems to be the best disparity which prevents confusion with the most parity . and therefore we see that our saviour recommended as unlordly a disparity as might be , not unlike that of marriage , for there is a great and sweet parity in the tie of wedlocke between man and wife , and that is not maintained without some disparity , yet that disparity is as little as may be , and that only for parities sake , non aliter fuerint foemina virque pares . but of this no more ; i come to bishop halls next more exact definitions : and they run thus ; episcopacy is an eminent order of sacred function appointed in the evangelicall church by the holy ghost , for the governing and overseeing thereof , and besides the word and sacraments , it is indued with power of ordination and perpetuity of jurisdiction . or thus : a pastor ordained perpetuall moderator in church affaires with a fixed imparity exercising spirituall jurisdiction out of his owne peculiarly demandated authority is a bishop . or thus : adde majority above presbyters , and power of jurisdiction by due ordination for constant continuance , and this makes a bishop : take away these , and he remaines a meere presbyter . it is to bee observed now that foure things are here asserted . first , episcopall power is such as none are capable of , but only men within sacred orders . a bishop must be a presbyter indued with power of ordination , and spirituall jurisdiction by due ordination , and without these hee remaines a meere pastor . secondly , episcopall power is such as is wholly independent upon temporall rulers , its institution was from the holy ghost in the evangelicall church , it must rule out of its owne peculiarly demandated authority . thirdly , episcopal power consists in ordination , and spiritual jurisdiction , and in majority above presbyters . fourthly , episcopal power is unalterable by any temporal authority , it is perpetual by divine right , as it was fixed , and where it was settled by christ , and his immediate successors , so and there it must continue unchanged til the worlds end . in briefe , the summe of all these definitions is this : episcopacy is a forme of ecclesiasticall policy instituted by christ , whereby a superiour order of presbyters is indued with a perpetual independent power of ordination , and spiritual jurisdiction , and with majority above presbyters , and this power as it appertaines to all that order , so it appertaines only to that order . and those things which we oppose herein are chiefly two ; first , we see no ground in the word of god , why bishops should arrogate to themselves such a peculiar , independent , perpetual power of ordination , spirituall jurisdiction , and such a majority above presbyters , as now they injoy , excluding from all such power and majoritie , not only all laymen , and princes , but also presbyters themselves . secondly , if power of ordination , and spirituall jurisdiction , and preheminence above all the clergie bee due only to bishops , yet we complaine that now in england that power and preheminence is abused , and too farre extended , and to such purposes perverted , as the apostles never practised or intended . of these two points in this order : but for my part , i am no favourer of extreames , some defend episcopacie as it is now constituted in england , as apostolicall , others withstand it as antichristian : my opinion is that the government is not so faulty as the governours have beene , and that it is better then no government at all , nay , and may be better then some other forms which some sectaries have recommended to the world . and my opinion further is , that it is not alike in all respects , and that it ought to be severally examined and ventilated , and that so it will probably appeare in some things unprofitable , in some things inconvenient , in some things mischievous : in notihng necessary , or unalterable . and it ought to be observed , that evill formes of policie have been sometimes well ordered and rectified by good commanders : and so the state of boetia once flourished under epaminondas and pelopidas , and yet it owed this prosperitie not to the government of the citie , for that was ill constituted , and composed : but to the governours , for they were wise and vertuous . the contrary also happened to lacedaemon , for that fared ill sometimes and suffered much distemper , because though its fundamentall laws were good , yet its kings and ephorie were many times tyrannous , and unjust . and this should teach bishops not alwayes to boast of the sanctitie of their order : because such , & such , in ancient , and modern times were martyrs , or were humble , and fortunate to the church , nor always to blame all other formes of government , for the faults of such & such governors . but in this my ensuing discourse i must undertake almost all churchmen , at least some , if not all , of all religions , & opinions . papists allow somthing to secular magistrates in the rule of the church , but supremacie of rule they do utterly in very terms deny . the protestants though divided amongst themselvs , some placing supreme power in episcopacie , others in presbytery , yet both in effect deny it to the king , though in words they pretend otherwise . the grounds of this mistake ( as i conceive ) are these ; when our saviour first gave commission to his disciples to preach , and baptise , and to propagate the true faith in the world , secular authority being then adverse thereunto , hee was of necessity to commit , not only doctrine but all discipline also to the charge of his apostles , and their substitutes only : wherfore though secular authority be now come in , & become friendly to religion , & willing to advance the spirituall prosperity of the church , aswel as the temporall of the state , yet clergiemen having obtained possession of power in the church , and that by christs own institution , they think they ought not to resigne the same againe at the demand of princes . and because the certain forme of discipline which our saviour left , and to whom it was left is doubtfully and obscurely set forth in scripture , and is yet controverted of all sides , therefore some contend for one thing , some for an other , but all agree in this , that whatsoever forme was appointed for those times , is unalterably necessary for these , and that to whomsoeever rule was designed , to christian princes it was not , my drift therefore must now be , to discover the erroneous conceits herein of all sides , and to doe as the romans once did when they were chosen arbitrators betweene two contesting cities , i must neither decree for the plaintiff , nor defendant , but for the king , who is in this case a third party . i am of opinion that some order and imparitie was necessary in the primitive church , in the very house of god , and therefore was so countenanced by our saviour : but for ought i see , that power which was then necessary was not so large as our prelates , nor so narrow as our presbyterians plead for , but whatsoever it was , or wheresoever it rested , questionless , it is now unknown , and not manifest in scripture : but if it were manifest , and that such as the prelacie , or such as the presbytery mayntaines , it is so far from being now unchangeable since princes are come in to doe their offices in the house of god , that i think it cannot remayne unchanged without great injury to princes , and damage to the church , and by consequence great dishonour to our saviour . and this is that now which i shall endevour to confirme , and demonstrate . in the first place then , i am to impugne those grounds whereby a sole , independent , perpetuall power of church government is appropriated to ecclesiasticall persons only : and whereby princes , &c. are excluded as incompetent for the same . that there is no such thing as ordination , and spirituall jurisdiction due , and necessary in the church is not now to be questioned , the question is what persons are most capable of the same , whether such as are commonly called ecclesiasticall , or no . it is agreed by all , that god hath not left humane nature destitute of such remedies as are necessary to its conservation : and that rule and dominion being necessary to that conservation , where that rule and dominion is granted , there all things necessary for the support of that rule and dominion are granted too . it is further agreed also that supream power ought to be intire and undivided , and cannot else be sufficient for the protection of all , if it doe not extend overall : without any other equall power to controll , or diminish it : and that therefore the supreme temporall magistrate ought in some cases to command ecclesiasticall persons , as well as civill : but here lies the difference , the papists hold , that though spirituall persons as they are men , and citizens of the common-wealth in regard of their worldly habitation are subject to temporall commanders , yet this subjection is due ob pacem communem , or quoad commune bonum , and that per accidens and indirectè , and that no further neither , but only secundum partem directivam , seu imperativam . thus , whatsoever they pretend to the contrary , they doe erect regnum in regno , they give temporall monarchie an imperfect , broken right in some things , but controlable and defeasible by the spirituall monarchie in other things . and the world ha's had a long sad experience of this , whilst kings had the pope for their superiour in any thing , they remayned supreame in nothing , whil'st their rule was by division diminished in some things , they found it insufficient in all things , so that they did not command joyntly with the pope , but were commanded wholly by the pope . and in popish countries now princes do suffer themselves in word to be excluded from all spirituall dominion , and execute not the same in shew but by subordinate clerks under them , and that by privilege of the popes grant , but we know in truth they hold it , and use it as their own , and the pope is more officious to them , then they are to him . and whereas the canon law allows temporall princes to punish the insolence and oppressions of bishops within their respective territories , modò sint verae oppressiones , wee know this comes to nothing , if princes claime it not by somthing higher then canon law . for how shall this be tryde ? how shall it appeare , whether these oppressions be true , and hainous , or no ? if bishops will not submit themselves in this tryall , and refuse to appeale , kings are no competent judges , nor can take no just cognizance hereof : and what redresse then is in the kings power ? even popish princes now know well enough how ridiculous this favour of the canonists is , & therfore as the popes fed thē heretofore with the name and shadow only of painted sovereignty in temporalibus , so they feed him the like now in spiritualibus . protestants dissent much from these tenets , but because many of them , especially clergimen do not wholly dissent from all the grounds of these tenets , therefore they also doe partake in some errours , and absurdities of the like nature : one scotist says , that mountague , and our learnedest protestant divines , nay , even rainolds himselfe though otherwise a puritan , yet they all hold , that there is due to the king , no spirituall but only a temporall rule over persons and causes ecclesiasticall , and that also by accident for the common peace sake . hee sayes also that in his presence at a cambridge commencement , the chiefe bishop was called maximus pater , and that it was maintained that the care of spirituall things did appertain to the chiefe bishop , and of temporall to the king , and whereas it was at last concluded that all was to be governed by the king , yet he sayes questionless the intent was civilitèr , not spiritualitèr . and if wee look back to the primitives we shal find that in good times before popery had any considerable growth kings for penance were enjoyned to kneele to priests , and were not admitted to have seats in the chancell neere the altar , no not amongst the deacons : but were sometimes subjected to heavie and sharp censures of bishops , and sometimes strucke with the thunderbolt of excommunication it self . and we shall find that the name church was applyed in common speech to churchmen only , and the name spiritualitie was taken in the same sense , as if all other persons had beene strangers to the church , and had beene of a meere temporall and secular condition : and by the name clergie it was intimated to the world , that the sacerdotall function was the only lot and patrimony of god : and these usages were ab antiquo . and wee shall finde that the holiest and learnedest fathers of the church did seeme to preferre the mitre before the diademe , and to dream of a spirituall empire belonging to priests more worthy and sacred then that of emperours . and therefore gregory of nazianzen in a sermon before the emperour says thus to him : the law of christ hath committed you to my charge , and to my pulpit : for we rule also and ours is a more excellent and perfect regiment . and comparing further the rule of priests with the rule of princes , hee cals the one spirituall the other fleshly , and concludes that the spirit ought not to give place to the flesh , nor heavenly things to earthly . what hee meant here by giving place , whether hee meant it of externall submission , or internall awe i cannot tell : but he left it uncertain . to the same purpose that of ambrose tends also : thinke not , o emperour , that thou hast any right over divine things : for the palace is for the emperour , but churches for priests . and that also of athanasius , it s neither lawfull for us to hold a kingdome upon earth : nor hast thou o emperour power over sacred things . wee see they speake of their ministery and ecclesiasticall vocation as of a sovereigntie , and rule , and that more sacred , then that of princes , of which princes were not worthy , or capable . and to passe by the blinde times of popery wherein upon these grounds the roman bishops inthralled a great part of christendome with temporall bondage , wee shall finde also that since the abjuration of romish servitude , yet protestant ministers themselves have assumed a sanctitie more then is due . the kings supremacie or headship over the ecclesiasticall or spirituall state , hee being accounted but meerly temporall in comparison of priests is as ill wished by many calvinists , as by papists , their word is of secular princes , istis non competit iste primatus . and as sir thomas more suffered death in testimony of his dislike , so calvin himselfe condemnes this realme of blasphemy for entitling henry the eighth supreme head of the church here under christ . and not only the name , but the power it selfe which wee give to civill magistrates he protesteth against , as that which had wounded him deeply , princes being made thereby too spirituall , hee complaineth that this fault did raigne throughout germany , and in some parts of france , to the taking away of spirituall regiment , whilst princes were made chiefe judges as well in matters of doctrine as discipline . hence it is that all which follow calvin , which is almost the generality of protestants , besides papists , hold princes incompetent for spirituall regencie , accounting the intermedling of princes therein as an abolition , or prophanation of the same . and hence it is , that our contrary faction of hierarchists also , deny the kings supremacie in spiritualibus , though not in ecclesiasticis , and our prelats style is providentia divina , not gratiâ regis , and as they issue writs in their own names , so they use their owne armes in their seales , and not the kings . and wee know it was my lord of canterburies industry of late to procure a commission about five yeeres since , that all bishops courts might proceed without any subordination or dependency to any other of the kings courts . so that though they complaine of the presbyterian discipline , and the doctrine of calvin as injurious to princes , yet they themselves seeme to be of the same confederacie . but that i may not seem to misreport , or misinterpret any , i will cite only two divines of prime note , both defenders of supremacie . hooker speaking of that dutifull subjection which is due from all christians to the pastors of their souls in respect of their sacred order , affirmes that the same is as due from kings and princes , as from their meanest vassals . reverence due to the word , and sacraments , and to gods ordinances is not here meant , for that is as due from priests themselves also , as from any other , it is meant of reverence due to the persons of priests , & this he cals subjection , and challenges as due in respect of their sacred order . and so bilson descanting upon the words of nazianzen , after a comparative manner ( as hooker did ) inferres thereupon , that priests have a greater and perfecter regiment then princes : for ( sayes he ) priests governe the souls of men , and dispense the mysteries of god , whereas princes are set to rule the bodies of men , and to dispose the things of this life , &c. hee does not compare the offices but the regiments of priests and princes , and hee averres as confidently that priests governe the souls , and exercise dominion over the spirits of christians , as that princes have no power at all , but over the bodies and temporalities of their subjects . and for these causes the crosier is generally preferred in honour , and sanctitie , before the scepter : to detect therefore the errour of divines herein , i will now truly produce , and throughly poize those arguments which they most rely upon . the first argument runs thus . spirituall things are not to be managed , and treated , but only by spirituall persons : but princes are not spirituall , ergo . wee must first understand here what is meant by spirituall things , and spirituall persons . if by spirituall things here , such things are meant as appertain to god and to religion , and as concerne gods service in the church , and the welfare of the souls and spirits of men ; so all men have a spirituall charge in generall : for all men by their generall callings are servants to god , and are not only bound to provide for their owne souls , but to promote also the worship of god , and the salvation of other men . and in this respect that man which is most pious , is most holy , and spirituall , and most acceptable to god , and though his condition be but private here in this world , yet his reward in heaven may be more glorious , then theirs who have publike offices and dignities here , and whose particular callings are farre more sacred . but besides this internall holinesse of persons visible only to god , there is an externall , politicall holinesse also of persons which arises from our particular functions in this world , and the measure of this holinesse , is the profit and consequence of our professions , and employments . the regall and sacerdotall offices have ever beene held comparatively of all other the most holy , and worshipfull , and the reason is because of all others they are the most advantagious , and of most extensive benefit to the people of god . and therefore the person is alwayes valued according to the function , and the function according to its benefit , and not on the contrary : the man is honourable because hee is a king , and the king is honourable because he is the conservator of the people : and of this reason of honour man is able to judge . god accepts of such a man to serve him in such an honourable place ; the place is not here honourable ▪ because he serves in it , but he is honourable because the place is profitable : and though of gods meere acceptance of the person no reason can be given , yet there is great reason that all men should bee honourable with men , as they are acceptable with god . god honoured the israelites before other nations ; they were a royall priesthood in comparison of heathens , because god by his peculiar choice of them to his service did give them that more then regall , or more then sacerdotall priviledge . the israelites in condition were more contemptible , and in disposition more incorrible than other nations , but because god separates them they are holy , and because god separates them to serve him according to his pure will , they are holy as princes , and priests . christians also may now be termed princes and priests in comparison of the iews in as much as god of his free pleasure is now more extensive and diffusive of his graces amongst us , that we may adore him more ingenuously , more intelligently , and more comfortably then the jews did : and in the like manner amongst christians , princes and priests are yet higher elevated above common lay-men , in as much as they have neerer accesse to god at the throne and at the altar , and by their more sublime employments are more highly dignified , & more honorably consecrated . with the prince and the priest no man will enter into any cōpetition , but the cōpetition now being between the prince & the priest , we must search into the nature of this political sanctitie , that we may the better distinguish its de-grees . calvin wee see complains , that the persons of princes are made too spirituall , by our appropriating to them spirituall authoritie : because hee holds that authority too spirituall for their persons . the same thing is here the reason of the same thing ; spirituall offices and services belong not to princes , because their persons are not spirituall : and why are their persons not spirituall ? because their offices , and services are not spirituall . this is unjust and unscholasticall : against the person no exception lies , but such as is drawn from the function ; the person is coruscant only by the rayes of the function : they which wil prove kings to be not spiritual , must first prove their offices to be meerly temporall , and not on the contrary . such proofs as infirme the kings power , and interest in spiritualibus are proper , such proofs let us heare . ambrose , and athanasius indeed say directly , that emperours have no right over divine things , nor power over sacred things : but they are very briefe , and give no reason for their allegations , nor doe they leave us satisfied in their true meanings . the persons and offices of kings were ever held sacred , and if that which is sacred be not spirituall , it were good that the difference were set forth between them . palaces are for princes , and temples for priests : but palaces are not the sole interest of princes , so as that they are excluded thereby from all power in temples : nor is this a good result , because priests may not move in the civill orbe , therefore princes may not in the ecclesiasticall . but nazianzen is more full , and expressive of his reasons , and those reasons also are further pressed by bishop bilson , let us bend our forces thither . nazianzen concludes the regiment of priests to be more perfect , and excellent then that of princes , and compares it to that of the soule over the body , because things committed to the priests charge are heavenly and spirituall , whereas kings ( he sayes ) have in their power things earthly , and bodi●y . he takes three things here for granted , first , that the office of a priest is as properly and truly a power , and rule , as that of princes . secondly , that the rule of princes extends only to earthly things . thirdly , whatsoever may be spoken of the whole order of priesthood , that he applyes to every particular priest . and thus hee seems to attribute a greater sanctitie not only intensive , but extensive also , to any priest , then to any prince . the glosse of bilson also hereupon is : that priests governe the souls of men , and dispense the mysteries of god , whereas princes are set to rule the bodies of their subjects , and to dispose the things of this life . and therefore if the fruits and effects of their callings be compared , the preachers ( he sayes ) passes that of princes by many degrees of excellence and perfection : god giving earthly food , and peace by the prince , but heavenly grace and life by the word and sacraments ; which wee receive from the mouthes , and hands of his messengers . as to externall power , and corporall compulsion : so preachers are servants to their brethren , princes are lords over them . preachers may reprove & threaten , but princes must seize the goods , and chastise the bodies of offenders . preaches may shut the gates of heaven against non-repentants : princes must root them from the face of the earth , and inflict the just vengeance of their sins in this world . and whereas the princes and preachers functions concurre in ghostly and heavenly things , that the preacher declareth , and the prince establisheth the word of truth : yet the preachers service in these cases excelleth the princes : for that the word in the preachers mouth ingendreth faith and winneth the soule unto god to serve him with a willing minde , whereas the sword in the princes hand striketh only a terrour into men to refraine the outward act , but reformeth not the secrets of the heart . this is bilson's sense , and i thinke the sense of almost all our divines : by this is nazianzen fully seconded and abetted , for first , the true and proper rule of priests is not only asserted , but also explained , for it gives grace and life by the word and sacraments , it reproves and threatens , it shuts the gate of heaven against non-repentants . secondly , the rule of princes is lesned , and that by this instance : for that the preacher winneth soules to a willing service , but the prince by externall terrour restraineth only from the outward act of sin . and thirdly , his comparison is indefinite , betweene prince , and preacher , that which is implyed of priest in generall , hee seemeth to apply to every priest in particular . i must frame my answer to every particular . power and dominion of it selfe is divine , and adde but infinite , or absolute to it , it is divinitie it selfe . nothing is more desirable to man , or more adequate to the aymes of intelligent creatures then power ▪ the angels in heaven are known to us by the names of thrones , and principalities , heaven it self is knowne to us by the name of a kingdome : and our best devotion to god consists in ascribing to him , honour , worship , subjection , &c. and the first and greatest sin of men and angels , was an aspiring to undue power , and excellence . absolute perfection and blessednesse is the unitie of the godhead , and that unitie must needs subsist in absolute power , absolute wisdome , and absolute goodnesse . absolute power also in order of nature ( according to mans understanding ) as a father gives being to absolute wisdome : as both give being to absolute goodnesse . whatsoever is in god must needs be god , and of the same substance indivisible , and so infinite wisdome , and infinite goodnesse , must needs be coeternall , and consubstantiall with infinite power : yet this excludes not all order of distinction ; and according to order of distinction it is more proportionable to our capacitie , that infinite wisdome should derive its divine generation from infinite power , then infinite power from infinite wisdome . unitie of perfect blessednesse cannot comprehend any thing more then this trinity , neither can it comprehend any thing lesse : and therfore though this word trinity cannot have any relation to the essence of god , or to his works ad extra , which flow from the essence , yet to his persons it may , and to his internall operations , wherein one person is more generative then another . and according to these internal operations of the deitie we ought ( to speak after the manner of men ) to ascribe prioritie of order to infinite power , the first person of the godhead , in as much as wee cannot conceive but that god is rather wise , as he is powerfull , and good as hee is both powerfull , and wise : then that hee is powerfull , as hee is wise , or wise , and powerfull , as he is good . having premised these things in generall concerning power , and dominion , and the excellence thereof , i am come now to see what that power and dominion is which churchmen clayme to themselves . our hierarchists use the words power and regiment to describe all their actions , and employments : the power of order , the power of jurisdiction , the power of the word and sacraments , and the power of the keys , all their spirituall offices , and faculties are expressed in commanding , and high terms , that they may seem to owe no subordination , or dependence to any above themselves . and this art they further use , when they would prove the excellence of their spirituall rule , they derive it from preaching , and the subordinate offices of the ministery , but when they would exercise their rule , then they alleage that to rule over preachers is more , & greater then to preach : because the spirits of men are properly subject to no rule ; and because preaching ▪ though it be one of gods most effectuall ordinances , yet is no proper rule but a service rather : therefore they lay hold of ecclesiasticall juridiction for proofe of their holy spirituall rule . and yet because ecclesiasticall jurisdiction is of it selfe no such divine sublime thing , as the ministration of the word , and sacraments , nor so incompetent for princes , as to the use of it , therefore their proofs are chiefly grounded upon the ordinances of the word and sacraments : but this slight imposture cannot so delude us : for either ecclesiasticall jurisdiction is more sacred and spirituall then the ministration of the word , and sacraments , or not ; if it be , then these arguments drawne from the word and sacraments are impertinent : the question is whether princes be capable of such jurisdiction or not , and this proves not the incapacity of princes , this only proves the honour of such capacitie : but on the other side , if it be not , yet there is the same impertinence , for if priests challenge to themselves power in things more excellent , and holy , this excludes not princes from things lesse excellent , and holy : but wee shall not need to stick here . the papists themselves doe acknowledge , that to preach , &c. is lesse then to rule , and to prescribe laws to preachers , &c. and bilson makes a plaine confession , that the sacerdotall office is rather ministeriall , then imperiall , and that such reverence and subjection as is due in spirituall affaires from princes is not due to the persons of priests , but to the ordinances of god , and to the graces of the church : for ( says hee ) the word is to be submitted to in the mouths of prophets , and the ordinances are to be honoured in the administration of priests , but the persons of prophets , and priests , must not be objects to terminate this submission , and honour . god is to be honoured in the service of his ministers , not the ministers in gods stead : for in these services there is the same honour due to god from ministers themselves , as from lay-men . and therefore wee see if the greater priest heare the word , &c. from the lesse , this does not sanctifie the lesse above the greater , as it would , if sanctitie did rest in the person , and not in the ordinance , or if it did not passe from the actor , or instrument , to the author and ordainer himselfe . i thinke wee may therefore proceed now from this , that power , and government is a thing in it selfe most awfull and honourable , to this : that the truest owners thereof next under god , whom the church ever look't upon as gods immediate vicegerents , and deputies thereof , are princes . saint peter . . writing to the church in the time of a heathen , and impious emperour , commands every soul to be subject to the higher powers . he acknowledges power in a very nero , and that to be the higher power , and to that higher power of that nero he subjects every soule christian and heathen , priest and laymen . for the same cause also the primitives in tertullians mouth make this humble profession : colimus imperatorem , ut hominem à deo secundum , & solo deo minorem : & this profession was made under the reign of wicked emperours , to whom in ecclesiasticall affaires more might be denied , then to ours : for though reges , in quantum reges serviunt deo , as saint augustine sayes , yet in quantum pii reges , they serve god the more gloriously , and have a neerer accesse to god , and in that respect it may bee more truly said of them , that they are à deo secundi , & solo deo minores : and if so , how awfull and venerable must this render their persons , and with what submission must we prostrate our selves at their sacred feet ? and that it may not seeme strange that meer power and rule in an unbelieving or wicked prince should be so sacred and inviolable , wee must take notice that the wickednesse of princes in ill commands though it discharge us as to those ill commands , yet it does not discharge their power or rule either in those , or in any other : for when princes rule well , they are to be obeyed , when ill , they are to be endured , and this very indurance is an effect of obedience and subjection . peter as a citizen of the common-wealth is a servant to nero , and though in the meere consideration of a christian , hee has not dependance upon nero further then is to be testified by suffering under him in ill commands , yet in all civill things , and things indifferent , his dependance remayns undissolved . if nero forbid peter to preach , contradicting god herein , whose power is still transcendent , this prohibition binds not peter , but if nero use the sword hereupon against peter , this sword is irresistible , because though in this it be injurious , in other things it is still sacred . this one violence of nero is tyrannous , but the authority whereby this is done is not tyranny ; for the same sword which offends one defends many still , and if one here be defended , many must be offended , and the good of many is to be preferred before the good of one . and yet if god had made peter supreame judge of such cases , and had given him a power independent , it had been necessary that he had given him withall some remedie , and sufficient means to support the same supremacy & independent right : for god gives no man an absolute right without some proper remedy appertaining to the same . the use of power is not to intreat , or perswade only , for these may bee done without power , but to command , and commands are vaine without compulsion , and they which may not compell , may not command , and they which cannot command , may not meddle at all except to intreat , or perswade . power then there must be , and that power must be somewhere supreame that it may command all good , and punish all evill , or else it is insufficient , and if all , then in religious as well as in civill cases , for supremacie may be severally exercised , but the right of it cannot be severally enjoyed : if peter may doe more then perswade nero , the scepter is peters not neroes ; if hee may doe no more , he is as meer a subject as any other layman : but in whethersoever the power of commanding rests , it cannot rest in both , the scepter cannot be shared , independence cannot be divided : the people cannot obey both as equall judges whilst their judgments remain contrary , nor serve both as equal lords whilst their commands are contrary . to perswade and intreat in ministers , are the offices of a blessed vocation , but they are not properly ensigns of royaltie , and power : and if the spirits of men are somtimes moved , & won by the perswasions of ministers , as they may by other means , yet captivated , and commanded they cannot be : and therefore if this be called power , it is but imaginary , and improper , and such as ought not to enter into any comparison , or rivalitie with that solid , sensible , coercive , binding power wherewith god has invested his true lievtenants upon earth . that power which is proper , must include not only a right of commanding , but also an effectuall vertue of forcing obedience to its commands , and of subjecting and reducing such , as shall not render themselves obedient . the supreame civill magistrate has this power grounded upon the common consent of mankinde , and as strong as is the politicall consent of humane nature in its supream law of publike conservation , so vigorous , and invincible is this power . had priests any such power or sword , we should soon see it , and feele it , and voluntarily stoop under it : but since they can pretend to none such , the meere noyse of an imaginary spirituall power and sword must not deceive us . the sword must be of sympathy and proportion answerable to those commands for which it was ordained , if the commands be externall and politicall , the sword must not be invisible , and meerly spirituall . if the pope can impose an oath upō us to stand to his laws , and to obey his awards , our obedience being here politicall , his power of imposing oaths must be the like ; for if he pretend a right , and have no remedy , that is no power ; & if he have a remedy that is not of the same nature with his command , it will prove no remedy , it will be found vain and uneffectuall . wee cannot thinke that god has given the pope any power but for good , and wee cannot think that power good , whereby the pope may destroy millions of souls , and yet cannot reclayme , or convince one . the popes commands seeme to mee unreasonable , unnaturall , impious , the pope herein ha's no spirituall power to rectifie mee , or to discover my errour to me , or to procure obedience from me , that power which he ha's over my soule is only to exclude it from heaven , and to give it as a prey to satan , for not attributing more to him then to my own conscience , and naturall light . can wee think that god gave this new power , never before knowne , to these latter days out of mercy , that all except one handfull of men should perish by it , and none at all receive benefit by it ? it cannot be said that the same keys which shut heaven to so many , open heaven to any one : for those few which obey the pope , obey him either voluntarily , or by constraint : and they which are constrained , obey him as a prince , not as a priest , and bow under his temporall , not spirituall yoke : howsoever it be otherwise pretended . voluntary obedience also is such as is rendred without any externall influence from the pope ; for the will is capable of no compulsion , and if it were , my will would be as lyable to the same as any other mans : and if the pope may compell my will , and so open heaven to me ( as it were ) by his spirituall keys , and will not , t is his crueltie , not my contumacie . it s no glory to the pope , that some few by blinde voluntary obedience acknowledge the power of his keyes , in this hee has no advantage of mahomet , that sword which was so victorious in the hand of mahomet , was as spirituall , and as universally prevalent as the popes . so much of the imaginary rule and spiritual sword of priests , as also of the reall effectuall dominion of princes , i shall now prove further , that the sword of kings if it be not so spirituall , as the pope pretends , to cut off souls ; yet it is more then temporall , and extends to things most spirituall . the founders and patriarchs of the world before the law of moses , did not only governe the church , but also execute all pastorall , spirituall offices as they were princes , and supream potentates within their own limits : they did not governe men as they were the priests of god , but they did sacrifice and officiate before god , as they were the heads , and governours of men . in those times it was not held usurpation , or intrusion upon priests , for princes to sacrifice with their own hands , or to teach the will of god with their own mouthes ; it would have been held presumption if any else had attempted the like , and a dishonour to gods service . nature then taught that the most excellent person was most fit for gods service in the church , and that no person could be more excellent , then hee which served god in the throne . the word priest now may have divers acceptions . in some sense whole nations have been called priests , viz. comparatively , and in some sense all fathers of children , and masters of servants are in the nature of priests , and in more usuall sense all princes , so farre as they have charge and cure of souls , and are intrusted with divine service within their severall commands , are more supereminently taken for priests : but the most usuall sense is this . a priest is hee which hath cure of souls , and a trust of gods worship by a more peculiar kinde of publike and politike consecration and dedication thereunto : of such consecration , or ordination , before aaron , we read nothing , and for ought i see , we are bound to believe nothing . melchisideck was a pious man , a devout father , a religious master , nay , a zealous prince and commander , but in all these respects hee had no priviledge nor right to the denomination of priest more then adam , sem , noah , &c. had . you will say then how is that denomination given him so peculiarly ? this denomination might be given not by reason of any externall , formall , ceremoniall unction , or imposition of hands , or any other solemne dedication or separation before men : but in this respect , that he did perhaps publikely officiate in the presence of all his subjects , and perhaps in behalfe of all his subjects , and this is a higher and blesseder sacerdotall office , then any we read of in his predecessors or successors till aarons dayes . it is probable that god was served in families before aaron , and perhaps there were solemne days and feasts , which all families by joynt consent did in severall places dedicate to gods service by strict observance of the same , but that any publike places were appointed for whole congregations to joyne and meet publikely in under the charge and function of any one publike priest , till aaron is not specified . this only we may guesse by the speciall name of priest applied to melchisedeck , that perhaps being a priest of salem , he was the first that made the worship of god so publike : and did not only by the generall influence of his power take order for the service and knowledge of god in severall families , but also gather severall assemblies of united families , and there publikely sacrifise and officiate in behalf of great , and solemne congregations : wherein he might far exceed abraham . howsoever its sufficient for my purpose , that this he might doe by vertue of his regall power and dignity without any further consecration or sacerdotal instalment whatsoever . and in this respect he was without predecessor , and perhaps successor , so that i think hee was the most lively and honourable type of our saviour : for aarons order was substitute , and his consecration was performed by the hand of his prince and superiour , and being so consecrated , he did sacrifise , not as a prince but meerly as a priest . whereas melchisedeck received his order from none but himselfe , and so remayned not only independent , but his service also being both regall and sacerdotall , as our saviours also was , it was yet more honorable in that it was regall , then in that it was sacerdotall . and this certainly sutes best with our saviours order , for no secular authority but his own did concurre in his inauguration , hee was his owne ancestor in this , in that his owne royall dignitie gave vertue to his sacerdotall : and though hee would not assume to himselfe the externall function of royalty in meer secular things , yet in this he would follow holy melchisedeck . but to passe from melchisedeck , within some few ages after wee finde the scepter and censor severed ; wee finde no prints of great empires before moses , for in small countries we finde divers petty independant principalities : and it may be imagin'd that neither true policie , nor wicked tyranny was then knowne in such perfection , as now it is . the israelites at their departure from egypt were a great and formidable nation , as appeares by the combinations of many other potentates against them , yet at that time the weightie charges both of prince and priest were supported by moses alone . this was exceeding grievous till jethro in civill affaires , and till god himselfe in matters of religion , for his further ease , took much of his laborious part from off his shoulders ; subordinate magistrates were now appointed in the state , and priests and levits in the church , the nation being growne numerous , and ceremonies in religion very various : but wee must not think that moses was hereby emptied , or lesned of any of his civill , or ecclesiasticall authoritie : as he retained still supremacie of power to himselfe in all things , so that supremacy became now the more awfull , and majesticall . the poet says of waters , maxima per multos tenuantur flumina rivos . and indeed did waters run backwards they would spend and diminish themselves by often divisions in their courses : but we see that in their ordinary naturall tracts many litle petty streams officiously hasten to discharge themselves into greater , so that the more continued the course is , the greater the streams ever grow . it is so with power both in church and state : sovereigntie is as the mayne ocean , of its vast abundance it feeds all , and is fed by all , as it is the fountain to enrich others , so it is the cisterne to receive and require back againe all the riches of others . that which moses parted with all and derived to others was for the better expedition both of pietie and justice , that god might be more duly served , that the people might be more quickly relieved , and that his own shoulders might be the freelier disburdened : for as a man hee could not intend universall businesse : yet a prince he might well superintend it in others . and it is manifest that after the separation of the priesthood , he did still as superiour to aaron in the most sacred things approach god in the mountain to receive the custodie of the law from gods hand , and to receive orders from god for the tabernacle , and all religious services , and did performe the act of consecration to priests , and did always consult with god by priests , and command all men as well priests , and levits , as other men . hooker and bilson , and i thinke most of our divines doe confesse not only this , that moses retained all ecclesiasticall supremacie to himselfe , but that hee left the same also to his successours . hooker sayes that by the same supreame power david , asa , jehosaphat , josias , &c. made those lawes and statutes ( mentioned in sacred history ) touching matters of meer religion , the affairs of the temple , and service of god . and by vertue of this power the piety and impietie of the king did alwayes change the publike face of religion , which the prophets by themselves never did , nor could hinder from being done . and yet if priests alone had bin possest of all spirituall power , no alteration in religion could have beene made without them , it had not beene in the king , but in priests to change the face of religion . and the making of ecclesiasticall lawes also with other like actions pertayning to the power of dominion had still been recorded for the acts of priests , and not of kings : whereas we now find the contrary . hooker says this and more , and bilson sayes not one jot lesse . hee confesses the jewish kings were charged with matters of religion , and the custodie of both tables , nay , publishing , preserving , executing points of law concerning the first table hee assignes as the principall charge committed to kings , as kings , religion being the foundation of policy . hee instances also in the good kings of iudah , who as they were bound , so they were commended for their dutie by god himselfe , in removing idols , purging abominations , reforming priests , renewing the covenant , and compelling all priests , prophets , people , to serve god sincerely . many of the learnedest papists doe not gainsay this evident truth , and therefore stapleton being i suppose fully convinced of it , seekes to answer and avoid it another way . but i proceed to the times of thraldome , wherein the iews were governed by the persians . how far the iews were left in babylon to the free exercise of their own religion is uncertain , it may be conceived that their condition was not always alike under all kings , but generally that they found more favour there , then christians did afterwards under the roman emperours : before this time there is no probability of excommunication , or any spirituall judicature , wee reade nothing of maranathaes , or anathemaes , but now perhaps some such government might take place : for where no peculiar consecrated ministery is , the magistrate is fittest to officiate before god , and where no magistracie is permitted ministers are fittest to preserve order . some papists that wil undertake to prove any thing out of any thing alleage cain as an instance of excom. as if adam were so a priest , as that hee were no prince , and had power to excommunicate in case of so horrid a murder , but not to execute any other law : or as if moses would proceed against adultery by temporall punishment , when adam had proceeded against murther by spiritual : but not to insist longer upon these conjecturall passages , i come to our saviours days , & his government also being regal , as wel as sacerdotall , nay , being rather divine then either , i shal not stay there neither . our mayn strife is how the apostles & their successors governed after his ascention during the times of persecution : but little need to be said hereof : for in scripture wee finde the apostles themselves very humble , and unlordly , and transacting all things ( according to our saviours command and example ) rather by perswasion , and evidence of the spirit , then by command and constraint , and if any difference was between a bishop and a priest , it was in outward eminence or majoritie very small : and the very termes themselves were promiscuously applyed . in the next ensuing times also wee finde by ancient testimony , that omnia communi clericorum consilio agebantur : and after that episcopacy had gotten some footing , yet , as another ancient testimony informes us , except â ordinatione , setting ordination only aside it challenged no priviledge above presbyters : but as i have said before , whatsoever authority did reside in the clergie whilst temporal rule was wanting to the church , and whilst miraculous power of binding and loosing sinners , and of opening and shutting heaven was supplyed by the holy ghost for the emergent necessity of those times , the reason thereof no longer remayning , it ought now to remayne no longer as it did , but to devolve againe into the tempor●ll rulers hands ; from whence it was not taken by christ , but where it was then abused , and made unprofitable by the owners themselves . if wee doe imagine that timothy and titus had episcopall power , and by that episcopall power did send out processes , and keep courts , and holds pleas of all testamentary , and matrimoniall causes , and tithes , fasts and all other which our bishops now clayme ; and did redresse all grievances for the preventing of confusion in the church , during the malignity of secular power ; if wee take all this for granted , though it be some thing too large to be granted , yet still wee ought to conceive that this power was conferred upon them not in derogation of secular authoritie , but for necessities sake , till secular authority should againe come in , and undertake the same offices , which timothy and titus were now to performe : when confusion cannot otherwise bee prevented , timothy and titus shall governe , but when it may be prevented by that authoritie which is most competent , and when more perfect order shall bee more naturally and justly induced , what injury is this to timothy or titus ? why rather is it not an ease and comfort to them , that they have now leasure more seriously to attend their own proper function , and ministration ? hookers owne words are , if from the approbation of heaven the kings of gods own chosen people had in the affaires of the jewish religion supreame power , why should not christian kings have the like in christian religion ? and bilson having mayntained the supremacie of the jewish kings , hee ascribes the like to the whole function . hee sayes , it is the essentiall charge of princes to see the law of god fully executed , his son rightly served , his spouse safely nursed , his house timely filled , his enemies duly punished , and this he sayes , as it was by moses prescribed , and by david required , so it was by esay prophesied , by christ commanded , by paul witnessed , and by the primitive fathers consented too . hee sayes further , that what the jewish kings had , christian kings ought to enjoy , and therefore esay ( says hee ) prophesying of the evangelicall times , foretold that the church should suck the breasts of kings and queens , and that milk which those breasts should afford , he interprets to be spirituall milk . now what can be added to this , what more excellent and perfect regiment then this had timothy and titus committed to them by vertue of their episcopall order ? what more sacred , what more spirituall offices could they performe in the church ? what could gods children suck from their brests other then milke , then sincere , spirituall milke ? saint augustine agrees to this , when hee says that kings , as kings , serve god , so as none but kings can doe , and when he confesses , that christ came not to the detriment of sovereigntie . and the church in tertullians words , ascribing worship to their heathen emperours , as being second immediatly to god , and inferiour to none but god , says as much as words can expresse . in regard of internall sanctitie peter may be more excellent then caesar , and so may lazarus perhaps then peter : but in regard of that civill sanctitie which is visible to mans eye , caesar is to be worshipped more then peter . caesar is to be looked upon as next in place here to god , betwixt whom and god no other can have any superiour place . wisdome and goodnesse are blessed graces in the sight of god , but these are more private , and power is an excellence more perfect , and publike , and visible to man then either : if ministers do sometimes in wisdome , and goodnesse excell princes , yet in power they doe not : and therefore though wisdome and goodnesse may make them more amiable somtimes to god , yet power shall make princes more honourable amongst men . there is in heaven no need of power in the glorified creatures , and yet the glorified creatures are there differenced by power : it is hard to say that one angell , or saint differs from another in wisdome , or in holinesse , yet that they differ in power and glory we all know . the twelve patriarchs and the twelve apostles sit in heaven upon higher thrones , then many saints which perhaps here in this life might be endued with a greater portion of wisdome , and holinesse then they were : and by this it may seeme that there is a species of externall sanctitie of power dispensed according to the free power of god even in heaven also , and that that sanctity is superiour to the other more private sanctity of other graces , and excellences . and if power in heavenly creatures where it is of no necessity has such a supereminent glory appertaining to it , with what veneration ought wee to entertain it on earth where our common felicitie and safetie does so much depend upon it ? goodnesse here wee see is a narrow excellence , without wisdome , and power : and wisdome in men that have neither power , nor goodnesse , scarce profits at all : but power in infants , in women , in ideots hands is of publike use , in as much as the wisdome and goodnesse of other men are ready to be commanded by it , and its more naturall that they should be obsequious and officious in serving power , then that the transcendent , incommunicable , indivisible royalty of power , should condiscend to bee at their devotion . and for this reason when princes are said to be solo deo minores , and deo secundi , this is spoken in regard of power , and this being spoken in regard of power , we must conceive it spoken of the most perfect excellence , and dignity , and sanctitie that can be imagined amongst men on earth . and for the same reason , when princes are said to serve god as princes , and so to serve him as none other can , we must conceive this spoken also with respect to their power , in as much as wisdome and goodnesse in other men cannot promote the glory of god , and the common good of man , so much as power may in them . but stapleton takes foure exceptions to those times , whereby if it bee granted that the jewish kings had supreame ecclesiasticall authority , yet hee sayes , it does not follow that our kings now ought to have the same . hee sayes , first , that the iewish religion was of farre lesse dignitie and perfection then ours is : ours being that truth of which theirs was but a shadowish prefigurative resemblance . our answere here is , that the religion of the jews , as to the essence of it , was not different from ours , either in dignitie or perfection . the same god was then worshipped as a creatour , redeemer , sanctifier , and that worship did consist in the same kinde of love , feare , hope , and beliefe , and the same charitie , and justice amongst men . the law of ceremonies , and externall rites in the bodily worship of god , did differ from our discipline , that being more pompous and laborious : but the two great commandements which were the effects , and contents of all heavenly , spirituall , indispensible worship , and service , whereby a love towards god above that of our selves , and a love towards man equall with that of our selves was enjoyned , these two great commandements were then as forcible , and honourable , as they are now . sacrifice was but as the garment of religion , obedience was the life , the perfection , the dignity of religion , and the life , perfection , and dignitie of that obedience consisted then in those weighty matters of the law , piety , and mercie , as it now does ; but if the jewish religion was lesse excellent , and more clogged with shadows , and ceremonies in its outward habit , what argument is this for the supremacie of regall , rather then sacerdotall power ? the more abstruse and dark the forme of that worship was , and the more rigorous sanctity god had stamped upon the places , and instruments , and formalities of his worship , and the more frequent , and intricate questions might arise thereabout , me thinks , the more use there was of sacerdotall honour , and prerogative , and the lesse of regall in matters of the lord : i see not why this should make princes more spirituall then their order would beare , but priests rather . his second reason is . that all parts of the jewish religion , laws , sacrifices , rites , ceremonies , being fully set down in writing , needing nothing but execution , their kings might well have highest authoritie , to see that done : whereas with us there are numbers of mysteries even in beliefe which were not so generally for them as for us necessary to be with some expresse acknowledgment understood , many things belonging to externall government , and our service not being set down by particular ordinances , or written , for which cause the state of the church doth now require that the spirituall authoritie of ecclesiasticall persons be large , absolute , and independent . this reason is every way faulty : for as to matters of discipline and externall worship our church is lesse incumbred with multiplicity of rites , such as saint paul cals carnall and beggerly rudiments , and in this respect there is the lesse use of ecclesiasticall authoritie amongst us : and if popish bishops doe purposely increase ceremonies , that they may inlarge their own power , they ought not to take advantage of their own fraud . and as for matters of faith and doctrinall mysteries , we say according to gods ancient promise knowledg doth now abound by an extraordinary effusion of gods spirit upon these latter dayes ; wee are so farre from being more perplexed with shadows , and mysticall formalities , or with weighty disputes , that we are , and ought to be a great deal lesse , and we doe the rather suspect all popish traditions , and additions in religion , because wee see they make use of them for the augmenting of the power and regiment of prelates . and yet if knowledge did not abound , if our religion were more cloudie , and if the scriptures , councils , fathers , and all learning were now more imperfect to us then they are , i cānot imagin how an uncōfined absolute dominion of churchmen shold be more necessary thē of princes . for if absolutenes of power be of necessary use in intricate perplexed mysteries & cōtroversies , yet why must that absolute power be more effectuall in priests then princes ? is not the counsel of prelats the same , and of the same vigor to solve doubts , and determine controversies , whether their power be subordinate , or not ? doth meer power ad to the knowledg of priests ? or is the power of priests more virtuous for the promoting of truth , then the power of magistrates ? how comes this vast irreconcilable difference betwixt the government of the church and state ? in matters of law , in matters of policy , in matters of war , unlimited power in such as are most knowing and expert does not conduce to the safety of the common-wealth : subordinate counsells are held as available for the discerning of truth , and far more available for the conserving of peace and order . and who can then assigne any particular sufficient reason , why matters of religion should not as well be determined in the consistory by dependent prelates , as matters of law are by the judges and justices in their tribunals , where they sit as meere servants to the king ? his third exception is : that god having armed the jewish religion with a temporall sword , and the christian with that of spirituall punishment only , the one with power to imprison , scourge , put to death , the other with bare authoritie to censure , and excommunicate , there is no reason why our church which hath no visible sword should in regiment be subject unto any other power then only to that which bindeth and looseth . this reason taketh it for granted , that amongst the jewes the church and state was the same , had the same body , the same head , the same sword , and that head was temporall , and that sword was materiall . this we freely accept of : but in the next place , without any reason at all given , it as freely assumes , that christians now have only a spirituall sword in the church , as that jews had only a temporall one . a diametricall opposition is here put betwizt jews and christians in church regiment , and yet no cause shewed , or account given of that opposition . we have very good colour to argue , that without some strong reason shewed of opposition , christians ought not to bee so contrary to that excellent discipline of the jewes which god himself ordered , and to introduce i know not what spirituall rule in prejudice of temporall rule : but how will stapleton prove , that amongst christians the church and state are two divided bodies , so as they may admit of two severall heads , and severall swords , the one temporall the other spirituall , the one yielding precedence as temporall , the other predominating as spirituall ? this wee desire to see fortified with better proofs . hooker in his eighth booke not yet publisht has a learned cleere discourse to shew the fallacie , and injustice of this blind presumption . hee allows that a church is one way , and a commonwealth another way defined , and that they are both in nature distinguisht , but not in substance perpetually severed . since there is no man ( sayes hee ) of the church of england , but the same is a member of the common-wealth , nor any of the common-wealth , but the same is of the church , therefore as in a figure triangle , the base differs from the sides , and yet one and the self-same line , is both a base and a side : a side simply , a base if it chance to be the bottome , and to underlie the rest . so though properties and actions of one doe cause the name of a common-wealth , qualities and functions of another sort give the name of a church to a multitude , yet one and the same multiude may be both . thus in england there 's none of one corporation , but hee is of the other also , and so it was amongst the jews . two things cause this errour . first , because professours of the true religion somtimes live in subjection under the false , so the jews did in babylon , so the christians in rome under nero , in such cases true professors doe civilly only communicate with the state ; but in matters of their religion they have a communion amongst themselves . this now is not our case , and therefore these instances are not proper amongst us . secondly , in all states there is a distinction between spirituall and temporall affaires and persons , but this proveth no perpetuall necessity of personall separation : for the heathens always had their spiritual laws and persons and causes severed from their temporall , yet this did not make two independent states among them : much lesse doth god by revealing true religion to any nation distract it thereby into severall independent communities , his end is only to institute severall functions of one and the same community . thus farre hooker most judiciously , and profoundly . wee must not here expect any satisfaction from our adversaries , why there should be lesse division betweene church and state amongst the jews , and lesse use of two severall swords , then is amongst us : 't is sufficient that they have said it . there 's no crime so scandalous amongst our church-men , or wherein they claime so much spirituall interest of jurisdiction as adultery , yet amongst the iews that crime was carnall , not spirituall ; and its punishment was death inflicted by the civill judge , not damnation denounced by the priest . now if adultery in these days were better purged away , and lesse countenanced in our christian courts then it was amongst the jews , there might something be alleaged to preferre our moderne inventions before gods owne statutes , but when ecclesiastiall persons shall therefore incroach upon civill , that by , i know not what , pecuniary corruptions and commutations , vice , and scandall may abound , we doe strangly dote to suffer it . for his last reason he says : that albeit , whilst the church was restrained into one people , it seemed not incommodious to grant their kings generall chiefty of power , yet now the church having spread it self over all nations great inconvenience must thereby grow if every christian king in his severall territorie should have the like power . by this reason it s presumed , that all the universe ought to have but one head on earth , and that rome must be its court , and that it must be indued with oraculous infallibilitie , and so to remayne till the worlds end : and this must bee admitted out of some obscure generall metaphors in scripture , or else god has not sufficiently provided for the wise government of his catholike church . man can scarce imagine any thing more mischievous , or impossible , then that which these goodly politicians have invented to be profitable , nay necessary for the universall government of mankind : for what one man can receive appeals either in temporall or spirituall affaires , or direct finall , unerring dispatches to all the remote climates of the earth at one time ? or what a cursed vexation were it for all people of all languages and customes to be chained to one city , thither to travell for all finall determinations , and there to attend confused sentences , and in the mean time to endure at home endlesse dissentions , and hopelesse divisions under the insufficient rule of subordinate limited princes and bishops ? surely had mahomet preached any such grosse doctrine amongst his ragged , barbarous arabians , hee had never tamed and broken them so easily to his wretched usurpation : t is wonderfull that our ancestors could drink of such a cup of intoxication in the worst of times , but that the nauseous dregs of its bottome should now be obtruded upon us in these golden , shining dayes , is almost past belief . the pope never yet had the rule of a third part of the world , but so far as hee ha's had it he ha's given sufficient testimony how insupportable great monarchies are , both to the governour , and the governed . and where the yoke of rome ha's prevailed , what ha's that infallible judgement , and unlimitable power , which the pope pretends to for our good , what ha's it availed the church of god ? when the easterne churches were in unitie , this gave them occasion to depart , and revolt , but when the rent was , what vertue had the pope to reduce them to unite ? the like may bee asked concerning all protestant countries now falne from romish obedience , nay of al turks & heathens not yet subdued to the triple crown ; if christ intended the popes infallibilitie for the discovery of all errors and heresies , and his supremacie for the subjugation of al such as would maliciously persevere in discord errours and heresies , how comes this intention to be so defeated , and frustrated ? if the popes keyes be potent enough for both these purposes , why does he not force all men to come in within his sheepfold ? and if not , why does he pretend so much ? would christ put into one bishops hand an universall scepter , such as the world never before heard of , such as hee himselfe here on earth never exercised , and yet leave it contemptible to the greatest part of the world ? if ignorance prevail and incredulity , let the key of knowledge assist us , and bring us into light ; if stubbornes and perversnesse have hardned our hearts , let the key of power dissolve and bruize us : and if hee can doe neither of these , what vertue is there in the roman oracle , what benefit is there in that prophetick chaire ? what priviledge ha's peter more then iohn ? shall the citie of rome it selfe be upheld and secured from ever erring and falling away , and shall not england , shall not scotland , shall not all nations be the like ? the power of the pope is the same in all countries , if it faile in england , it may faile at rome ; if it faile not at rome , it would not faile in england , but that the pope is lesse propitious . o why should his mercy bee more narrow , then his vertue ? o let him once againe graciously ascend his reverent chaire , let him congregate generall councils , and there poure out the treasures of his inspired breast let him there give judgements as cleere , pure , irrefragable , and as obvious to humane apprehension as scripture it self , nay , if something more sufficient then scripture be necessary for the composing of all our strifes , let him give us solutions in a phrase more powerful then the apostles ever used , and prescribe rules more convincing then god himselfe , or christ in his incarnation ever prescribed , and if kings and emperours still make resistance , let him put on his robes of majesty and terrour , let him passe over them as serpents and basilisks , whilst the stroke of his foot upon the earth fils all countries with battalions of armed men : nay if terrestriall forces come not in fast enough , let him shake the heavens with the thunder of his voice , and call downe seraphims to his attendance , and let the highest orders of heaven give testimony to his earthly deity . i might frame the like expostulations after a sort against our own prelats also , but i forbeare : for if god ha's given them sole knowledge to determine all controversies , and power to enact all ecclesiasticall canons , doubtlesse hee ha's given them some binding coercive force correspondent thereunto : and if so , why doe they not expel all dissention by it ? if their vertue extend no further then to exhortation , why do they urge commands upon us ? if they have a commanding power , why do they not second it with due compulsion ? and as this is sufficient to prove independent power due to christian princes in all causes whatsoever , so historie makes it as plaine that christian princes at their first entrance , till popery beganne to intoxicate them , did clayme , and exercise the same as their due . constantine had {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} given him for his title , and wee know hee shewed himselfe no lesse , and wee know his successours for divers ages did assume and verifie the same title as their due . and therefore bilson proves out of socrates , and other historians , that in the primitive christian emperours times all ecclesiasticall affairs did depend upon emperours : and that the greatest synods , and councels were called at their appointment : and that appeals from councels were reserved to them , and sometimes over-ruled by them : and that all ecclesiasticall laws were by them enacted , confirmed , and repealed ; and that the greatest prelates were by them ordered , and commanded : and that whole provinces and kingdomes were by them visited , and reformed in all cases whatsoever . and this truth , the learnedst of papists will nor deny , and those wch do deny the same rely upon some particular exception onely , and have very few instances before the popes inthronization at rome , and these of matters of fact , and not rights alledged neither . valentinian the elder is one maine instance , and he when strife was betweene the arians and the orthodox christians would not take upon him to determine the same , his modest answer was , non est meum judicare inter episcopos , and ambrose sayes of him ; inhabilem se ponderi tanti putabat esse iudicii . valentinian here was a pious emperor and orthodox , but his blame was ( as socrates justly taxes him ) that though he honoured those that were of his true faith , and sound opinion , yet he in the meane time let the arians doe what they list . and this cannot be excused , for if hee was doubtfull of his owne faith , this was ignorance : and if hee was not , and yet tolerated arianisme , this was neglect in him : and if he did shunne this decision as burthensome to him , this was impious : and if as intricate , this was inconsiderate . for what if hee could not judge as a bishop , could not he therefore judge by bishops ; was not the learning and knowledge of all bishops , at his command to be imployed , as if it were his owne ? bishops themselves might erre , and dissent , and in that point many of them did erre , and hold against the truth : and without his ayde this division was irreconcileable ; but by his influence and superintendence ; truth might obtaine a faire tryall , and bishops themselves might be convinced by bishops . this case in divinity might be too intricate for his sole judgment , and too pondrous for his actuall determination : but what he could not doe single , and personally , hee might well effect by the counsell and advice of his most moderate , and disinteressed clergie : for in divinity the prince is as in juridicall , or martiall affaires , as he is not alwayes the ablest divine , so neither is he the ablest lawyer , nor the ablest souldier , and yet by the advice of divines , lawyers , and souldiers , he may conclude that wisely which neither he without them nor they without him could ever have concluded . therefore against this remisse , cold slacknesse , and haesitancy of valentinian we may oppose the politike , and couragious resolution of constantine , theodosius and diverse other pious emperors , who all did compose debates , and end controversies , and vindicate truth and religion from many errors and abuses , wch otherwise had bin endlesse , and remedilesse . after the first . or . hundred yeares episcopacy began to invade the rights of royalty by the sophistications , and impostures of the see of rome , and till this last age , princes almost every where did blindly and superstitiously too farre abandon their owne right , but by the light of nature , the wisest kings in all countryes were ever the most refractory , and most impatient of the popes tyranny ▪ and in the most ignorant times , some there were found , that made resistance to the same . much bloud was shed upon this theme in diverse other countries , and even in our own stories we find , that though england was prone otherwise to be the popes asse , yet in the quarrell of supremacy it was jealous , and had almost perpetuall conflicts . i will only cite one story . henry the second was a very puissant prince , and in all other things except only ecclesiasticall . he was fortunate and victorious : but his misery was , that he raigned in such an age as the pope was in his zenith , and had to doe with becket of all the popes dependents the most seditious . henry the first his grandfather out of the greatnesse of his spirit and wit , had passed these lawes ; that no appeal should stand , that no bishops should go out of the realme , that no tenant in capite should bee excommunicated ; that no officiall of the kings should be interdicted without the kings leave , and consent , and that clergimen should be subject to secular judgement , and that lay-men under the king , should judge of tythes , and other causes ecclesiasticall . at these just and necessary lawes , the clergie hitherto rested quiet , if not contented , but now a most rebellious becket arises to spurne against them , and in his mouth they are dangerous incroachments , and breaches upon the church . rather than hee will subscribe to these so long establisht lawes ; he departs the kingdome in contempt of the king , and with all violence and bitternesse that may bee incenses the pope , the king of france , and all the italian and french bishops against his naturall lord . the king at first gallantly relyes upon the edge of his temporall sword , and whets it sharper in behalfe of his legall prerogative ▪ and for some yeares together stands out against the danger of the popes confounding blow ; but at last when becket the fierce traytor was slaine , through the execrations and anathemas of the pope , and by the threats and exclamations of the king of france , and diverse other bishops and potentates ; he is beaten from his ground , swearing fealty to the pope and his successors , and admitting of appeales to rome . long it was before hee would submit himselfe in this contestation betwixt a subject , and himselfe to the romish tribunall , or yeeld to any condemnation being untryed , and unheard ; and it appeares by the popes forbearance of his last thūderbolt , that the pope was diffident in his power , and durst not sentence him , if he had not yeelded before the sentence . but i leave popery , & come now to our reformed times . the dead time of night being now over , luther began to crow in germany , and to give notice of light ready to dawn upon the earth : and no sooner did that light appeare , but that diverse princes began to awake , and to shake off that blind servitude of rome which had so long layne upon them , and lock'd up their senses like a deepe sleepe : how be it the light was not alike welcome to all , some fully and wholly gave it entertainement , others opened some curtaines onely , and so yeelded themselves to a little further slumber . henry the eighth here in england was well pleased with that doctrine which discovered his owne independence , and the weakenesse of the popes prerogative : but those further monstrous , deformed errors , and superstitions of rome , which are founded upon its absolute prerogative , and are as inconsistent with light , as the prerogative it selfe ; he tooke no delight to looke upon . so farre as his owne interest , and worldly advantage was represented by the beames of the gospell , so farre his eyes thought it amiable and so farre bishop gardiner though a bishop was ready to assist him : but so farre as his spirituall interest , and the generall advantage of his subjects was concerned , so farre , hee and gardiner both could remaine as blind as sir thomas more : t is wonderfull that so sharp-sighted a man , as sir thomas more was , should lay downe his life in justification of the popes supremacie ; but t is more wonderfull that gardiner should see the weakenesse of that supremacie , and yet still adhere to diverse other popish superstitions as absurdly resulting from the same principles . the state of venice also out of meere policy has long been at defiance with the court of rome , so farre as meere rules of government guide , and direct it : but in all other spirituall delusions , and impostures it is as dead , as heavie-eyed , as ever ▪ spaine , france , and germany also , though they speake not the same , yet they now doe the same as venice , they all shut up and impale the popes authority within peters patrimony , leaving him no command but within his owne italian territories , and yet besides his authority they cast off nothing else : so much doe we generally esteeme earth before heaven , and our temporall advantages before the subsistance of our soules . but let reason of state bee what it will , the parliament here agrees to annex to the crowne of henry the eighth and his successors whatsoever sole , independent power was before challenged in ecclesiasticall and spirituall things by the pope , or any church-man whatsoever : and hooker seemes both to confesse and justifie the same , for sayes h , our kings of england when they are to take possession of the crown , have it painted out before their eyes , even by the very solemnities , and rights of their inauguration , to what affaires by the same law their supreme power and authority reaches . crowned we see they are , and inthronized , and annoynted , the crowne a signe of military dominion , the throne of sedentary or iudiciall , the oyle of religious , and sacred power . hee here attributes as supreme a rule , and as independent in religious and sacred affaires , as hee does either in military , or iudiciall , and hee accounts that venerable ceremony of vnction , as proper to the kings of england as that of crowning , or inthroning . neverthelesse , it is now a great objection against this chiefly of dominion , that it may descend to infants under age , as it did to king edward the sixth : or to women , as to queene mary , and elizabeth , and whatsoever wee may allow to men , such as henry the eighth , yet it seemes unreasonable , to allow it women , and children . the papists thinke this objection of great moment , and therefore bellarmine in great disdaine casts it out , that in england they had a certaine woman for their bishop : meaning by that woman , q. elizabeth : and q. elizabeth her selfe knowing what an odium that word would draw upon her , both amongst papists , and many protestants also , consults her bishops about it , and by their advice sets forth a declaration , certifying the world thereby , that shee claymed no other head-ship in the church , but such as might exclude all dependency upon forreigne head-ships , and secure her from all danger of being deposed . how this paper could satisfie all , i cannot see : my thinkes the bishops in this did as warily provide for their owne clayme , as the queenes : for whatsoever power shee had in the church , it was either absolute , coordinate , or subordinate . if it was subordinate , shee was in danger of deposition , and was to bee ordered , and limited , and commanded by her superior . if her power was co-ordinate ; she had no more power over her equall , than her equall had over her : and it being as lawfull for her equall to countermand , as it was for her to command : her power would be as easily disabled and made frustrate by her equalls , as her equalls by hers . in the last place therefore if her power or headship were absolute , why did not her bishops uphold and declare the same ? such dallying with indefinite expressions , and dazelling both our selves & others with meere ambiguities does often very great harme , for uncertainty in law is the mother of confusion , and injustice , and this is the mother of uncertainty . according to this obscure declaration of supremacy in the queenes paper many papists at this day take the oath penned in the statute for that purpose : they will abjure the popes supremacy , as to deposition of princes : but not in any thing else : and they will hold the king supreme , as to all deposers , but not as to all men else . those which are not bloudy , and dangerous , but by the light of nature abhorre regicides , rest themselves upon these shallow distinctions : but such as are iesuitically furious , and murdrous , break through them as meere cobwebs : and the more secure princes are from the other , the lesse safe they are from these . these men will still insist upon absolute supremacy somewhere to rest ; and that it cannot rest in women , or minors , they will still insist upon this argument , if the queene be not competent for that lower order to whom the word and sacraments are committed , then shee is not competent for that higher order which has power over the lower : but the queene is not competent for the lower , therefore not for the higher . they say , that to prescribe lawes to preachers is more than to preach : and to have power over ordination is something greater , than to enter into orders , and therefore the law cannot justly give that which is more , and greater , when god denyes that which is inferior , and lesse . our divines make a very short unsatisfying reply to this . their reply is , that though our bishops owe some kind of subjection to kings , yet the authority of preaching , &c. is not from kings , but from christ himselfe , christ they say , giveth the commission , kings give but a permission only . all the power at last of our kings , which is acknowledged equall with that of the iewish , and has been so farre all this while magnified , and defended against papists , inables them now no further , than to a naked permission in religious affaires , their most energeticall influence is permission . t is true , the commission of the apostle was from christ , his ite & docete , was their authority : and so it remaines still to all their successors ; but is it therefore a reason , that there is now , no other commission necessary ? where christs commission was particular , it was good without any other humane commmission , nay permission it selfe was not requisite : the contents of that commission was not only ito , doceto : but tu petre , tu paule , &c. ito , doceto : but now there remaines nothing of that commission , but the generality , ito , doceto : the particularity requires now particular commissions , and meere permissions will not serve the turne . and as for succession , we may suppose that our saviours first commission was vigorous , as to that purpose , but we must know , that the apostles being both governours and preachers , all that commission which was given them as governours , was not given them as preachers . there must still be successors to the apostles in governing , and preaching : but it s not necessary that the same men now should succeed in both offices , and that whatsoever was commanded or granted to the one office , the same should bee granted and commanded to the other the civill iudges and councellors of state under the king are not without generall commissions from heaven to doe justice , and preserve order in their severall subordinate stations , and yet they depend upon particular commissions too from gods immediate vice-gerent . and it seemes to me a weake presumption , that officers in religion should have more particular commissions from god , than officers of state : or that princes should bee more permissive , and lesse influent by way of power in the church , than in the common-wealth . he that observes not a difference betwixt these times under christian princes , and those under unbeleeving caesars , is very blind , and he is no lesse , that thinks particular commissions now as necessary when princes joyne to propagate the gospell , as they were when supreme power was abused for its subversion : and so makes no difference betwixt a nero , and a constantine . did constantine gaine the style of head-bishop , or bishop of bishops meerely by permitting the true worship of god ? and let us lay aside the strangenes of the name , and apply the thing , i meane the same episcopall power to queene elizabeth , as was to constantine and what absurdity will follow ? what is intended by the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , which may not bee as properly applyed to queene elizabeth , as to constantine ? if the patriarchs , and kings of iudah and first christian emperors had jurisdiction , and a legislative power in the church , nay had dominion over all those which did exercise judiciall power in the church , and were so exalted in sanctity , and dignity above meere priests , shall queene elizabeth bee barred and disabled for the same power and honour meerely by the prejudice of her sex ? the very papists themselves do grant to some abbatisses power of jurisdiction over some ecclesiasticall persons , and this power they hold to be more honourable , than that of suborninate monkes , and priests which officiate under them ; and yet to officiate they will not grant to abbatisses , though they grant more than to officiate . therefore wee see this rule doth not alwayes hold ; that hee which may not undertake the lesser charge , shall not undertake the greater ; for the meere sanctity of the person is not alwayes that which gives law in these cases . though the person bee not voyd of sanctity , yet some other unfitnesse , and defect may stop and barre in lesse imployments , and yet bee no stop , nor bar at all in matters of a more excellent , and sublime nature . so it is with infants and vvomen , though the possession of a crowne be more sacred and honourable , than admission into orders ; yet they shall bee held more capable of a crowne , than of orders ; because personall imbecillity , and naturall inferiority ( as i may so say ) is lesse prejudiciall in civill , than in religious affaires , and in matters of function and service , than in matters of priviledge , and command . god had confined the right and honour of the priest-hood amongst the iewes , to one tribe , and family onely , and therefore vzziab might not invade that right , and honour to the infringing of gods speciall command , and in this respect vzziah was qualified for a scepter , yet not qualified for a censer ; he was qualified for that authority which was more sacred , yet not for that service which was lesse . so perhaps it is now under the gospell , women are expresly barred from the altar , that very sex is precisely excluded , and excepted against by god ▪ they may not minister in the church : yet this is no exception , but that they may raigne in the throne , and yet this seemes not to prove that that ministration is more holy , than this raigning , but rather that it is more difficult , and such as requires more personall ability , and naturall perfection . for let vzziahs case over-rule us . that wch disabled vzziah for the service of the altar was not personall incompetence , or want of sanctity : for then the same had disabled him for all higher , and more excellent offices . but we know that vzziah was not so disabled : for he was capable of the scepter , and by vertue of his scepter , the whole temple , and all the sacred things therin , all the order of the priests and levites , the whole law of god , and the state of religion , and policy , and the generall welfare of all gods holy beloved people were within his guard , and protection , and will any man conceive this to be lesse excellent , than to sacrifice ? by vertue of the scepter moses did consecrate priests to serve at the altar , and governe their service at the altar : by vertue of the scepter salomon did build , and dedicate the very temple , and altar it selfe , with his owne mouth , blesse both them , and those priests which were to attend them : by vertue of the scepter , vzziah himselfe did inherit the same power , and holinesse , and dignity which moses , or salomon , or any of his predecessors had , and shal all this seeme lesse worthy and excellent to us , than to serve with a censer ? in this hooker fully concurres with me . he distinguishes betweene an ordinary and a supreme iudge , and he allowes it unfit for princes to sit as ordinary iudges in matters of faith and religion : and yet hee denies not their supreme right and influence of judging . for ( sayes h. ) an ordinary iudge must be of qualities , which in a supreme iudge are not necessary , because the person of one is charged with that , which the others meere authority dischargeth , without imploying himselfe personally therein ▪ it is an error to thinke that the kings authority can have no force in doing that , which himselfe personally may not doe : for it is impossible , that at one and the same time , that the king should order so maine and different affaires , as by his power every where present are ordered in peace and warre ; at home , and abroad . and the king in regard of nonage , &c. may be unable to performe that thing wherein yeares of discretion are requisite for personall action , and yet his authority is still of force : and therefore it is a maxime , that the kings authoritie never dyes , or ceases from working . sundry considerations then may be effectuall to hold the kings person from being a doer of that , which notwithstanding his power must give force unto . in civill affaires nothing doth more concerne the duty , or better beseeme the majesty of kings , than personally to administer justice . yet if it bee in case of felony , and treason ; lawyers affirme ( stanford l. . c. . ) that well may the king commit his authority to an other , to judge betweene him , and the offender : but the king being himselfe there a party , cannot personally sit there to pronounce judgement . here we see sometimes the king cannot be possibly present to act his part , sometimes defect of knowledge may hinder him , sometimes other exceptions , as being a party , and the like , may barre him from doing those things , which notwithstanding by his substitute power must bee done : and yet this preferres not substitutes before him . so in vzziahs case , the priest-hood was for very sufficient reasons in policy , severed from the kingly office , and that by gods owne approbation , and command , vzziah shall not now conjoyne , and unite them again out of a fond pragmaticall humor to the dis-inheriting of the tribe of levi , to the disservice of the crowne , to the hinderance of religion , and to the violation of gods command . if vzziah will content himselfe to move in his owne superior orbe , and leave the priests of god to their owne regular subordinate motions , his influence shall give vigor to those actions in them , which are with more honour to him done by them under his superintendence than by himselfe in person . for as the ordinary iudge deputed by the king , in cases where the king himselfe either cannot be present , or hath not skill to determine , or may not legally interesse himselfe , does give judgment , not by vertue of his owne , but by vertue of the kings authority , and does therefore acquire more honour to his majesty , than to himselfe : so in the church the priest ministring in that imployment , which in all places the king cannot minister in , and which is too difficult for some kings to minister in , and prohibited to others , yet is not hereby greater or holyer than the king , but even in his very actuall administration it selfe , he is so dependent , and derives such vertue from the kings supreme , spirituall authority , that the king is supreme , and he but the secondary agent therein . but bishop bilson will yet say , that the priest in the worke of conversion winnes the soule to a willing obedience , and that the princes worke only by externall , politicall terror , which begets not virtutis amorem , but only formidinem panae , and therefore it seemes that the worke of the minister and the prince , differ not only in order , but also in kinde , the one being far more spirituall and divine than the other . i answer hereunto , that if power doth only induce a servile feare of punishment , and so cause of forcible forbearance of sin , and if preaching only make a voluntary conquest upon the soule , then by the same reason , the power of bishops as well as the power of civill magistrates is of lesse value than preaching : but this none of our adversaries will agree to . my next answer therefore is , that preachers in the wonderfull worke of regeneration are not in the nature of physicall causes , they are rather in the nature of the meanest instrumentall causes under god : they are but as vessels in the hand of husband men , from whence the seed corne is throwne into the ground . if the corne fall into the furrow , and there fructifie , god opens and enlives the wombe of the earth , god sends showres and influence from heaven , god blesses the seeds with a generative , multiplying vertue , nay god casts it into the furrow , from the mouth of the preacher , and as he uses the mou●h of the preacher , for the effusion of his grain ; so he uses the princes power as his plough , to breake and prepare the ground : and in this case , the use and service of the plough is as noble , as that of the bushell . neither is the office of kings the lesse glorious , because they can use force ; nor ministers the more glorious , because they may use none but ethicall motives , and allurements : for power it selfe being a glorious , divine thing , it cannot bee ignoble to use it in gods cause . and therefore wee see iosiah , and other good kings are commended for using compulsion : and diverse other kings which used it not for the removing of idolatry , and suppressing of the high places , did grievously offend god , and draw curses upon themselves , and their subjects . and whereas it is objected that force and compulsion restraineth only from the act of sin , but restraineth not the will from the liking thereof . we see common experience teaches us the contrary . for scotland , holland , denmarke , sweden , bohemia , england , &c. suffered great changes of religion within a short space , and these changes were wrought by the force of civill magistrates , and could never else without strange miracles from heaven have been so soone compassed : but these changes are not the lesse cordiall , and sincere , because civill authority wrought them . authority it selfe hath not so rigorous a sway over the soules of men , as to obtrude disliked religions universally : it must perswade as well as compell , and convince , as well as command● or else g●eat alterations cannot easily , and suddainly bee perfected . and in this respect the proclamations of princes become of●entimes the most true , and powerfull preaching that can be : and t is beyond all doubt , that if preaching were as a physicall cause in the act of regeneration of sinners , or reformation of nations , yet the edicts and commands of princes are sometimes more efficacious sermons than any which wee heare from out our pulpits . for let us suppose that a considerable number of our ministers were sent into mexico , or perue , to preach the gospell of christ , amongst the poore blinde savages , could wee hope for so great successe thereby without the concurrence of some princes there , as we might , if some of them would assist , and joyne to advance the same word and doctrine by their wisdome , and power , which our ministers should publish with their art , and eloquence ? if we cast our eyes back upon former times , also we shall see that before constantine favoured religion , the gospell spread but slowly , and that not without a wonderfull confluence of heavenly signes and miracles , wrought by our saviour , and his disciples ; all which we may suppose had never bin in such plentifull measure shewed to the world , had it not bin to countervaile the enemity and opposition of secular authority . and it may be conceived , that had the caesars joyned in the propagation of christs doctrine , more might have beene effected for the advantage of religion by their co operation , than all christs apostles , bishops , prophets , evangelists , and other elders did effect by their extraordinary gifts and supernaturall endowments . we see also that constantines conversion was of more moment , and did more conduce to the prosperity , and dilatation of christianity , than all the labours , and endeavours of thousands of preachers , and confessors , and martyrs which before had attempted the same . and to descend to our late reformations , wee see edward the sixth , though very young , in a short time dispelled the mists of popish error and superstition : and when no men were more adverse to the truth than the clergy , yet he set up the banner thereof in all his dominions , and redeemed millions of soules from the thraldome of hell , and rome . in the like manner queene elizabeth also , though a woman , yet was as admirable an instrument of god in the same designe , and what she did in england diverse other princes about the same time did the like in many other large dominions : whatsoever was effected by miracles in the hand of ministers , after our saviour , the same if not greater matters were sooner expedited by the ordinary power and wisdome of princes , when ministers were generally opposite thereunto . and as we see the spirituall power of princes how strangly prevalent it is for the truth , so sometimes we see most wofull effects of the same against the truth . religion was not sooner reformed by edward the sixth , than it was deformed againe by queene mary . and though many godly ministers were here then setled , as appeares by their martyrdoms : yet all those ministers could not uphold religion with all their hands so strongly as queene mary could subvert it with one finger of her hand onely . one fierce king of spaine bound himselfe in a cursed oath to maintaine the romish religion , and to extirpate all contrary doctrines out of his confines : if many pious ministers could have defeated this oath , doubtlesse it had not so farre prevailed , as it doth : but now wee may with teares bewaile in behalfe of that wofull monarchy that one kings enmity in religion , is more pernicious , than a thousand ministers zeale is advantagious . and by the way let all princes here take notice what a dreadfull account of soules , god is likely to call them to : fort is not the clergy that are so immediately and generally responsible when religion is oppressed , or not cherished , and when soules are misled , and suffered to goe astray , the abuses of the very clergy it selfe will be only set upon the princes account , for according to that vast spirituall power which he hath put into their hands , yea according to that vast spirituall power , so will god certainly require at their hands . let princes know that preaching is not the onely meanes of salvation , nor are ministers the only preachers , nor that the sacraments are therefore efficacious because the clergy only may administer them ; let them know that though ministers call themselves only spirituall persons , and the lot of god , and the church of christ , and put them into the number of temporall , and lay-men , and limit them to secular things : yet god will not be so abused ; they must make an answer to him for things most spirituall , and for the improvement of those graces and prerogatives which belong to gods most beloved inheritance , and honoured servants , and neere officers in his church . and let ministers also on the other side learne to acknowledge that character of divinity which is so much more fairely stamped upon princes , than it is upon them , and let them not rob princes of that influence in sacred things : which they of themselves can never injoy . for as princes shall answer for them if they imploy their power to the depression of ministers ; so shall ministers also answer for princes if they cosen princes out of their supreme power , out of pretense that gods message is so delivered to them . let ministers assist princes in their religious and spirituall offices , as aaron , and hur did moses . let them not contend for supremacy in the highest offices of devotion , but like humble servants let them account it their most supreme service , to attend upon that supremacy . let them in the most glorious services of religion looke upon princes , as ioab did upon his master in martiall exployts . let them be jealous of themselves , that no part of honour due to the independent power of princes , may rest upon the secondary instruments but returne to the first and highest movers . and thus shal more honour and sanctity passe from ministers to kings , and more efficacy and vertue from kings to ministers , and more grace and happinesse from both to the people . another occasion of mistake , and error in nazianzen , and bilson seemes to be , that in comparing the great fruits of princes , and priests , in their severall functions , they both speake of the whole order of priest hood : as if every prince were therefore lesse spirituall , or excellent than every priest , because all priests in some things excell some princes . if we speak of a prince and all the clergy within his dominion , perhaps we may say he is universis minor , and yet he may be singulis major : perhaps he may not doe so much good in the church as all his clergy , yet he may doe more than a great number of them . and yet for my part , i am of opinion , that all the clergie are so dependent , and borrow such vertue from the kings supreme spirituality ( as i may so say ) that whatsoever good they doe , they ought not to let the honour thereof terminate in them , but returne to him upon whom they depend . and now i thinke , these things being made cleere , that princes are sacred in respect of their supreme rule , and spirituall in respect of their spirituall rule , and that priests have no proper rule at al over mens spirits , or in any ecclesiasticall cases , but derivative , and subordinate to princes . i may conclude , that there can be no office , nor action so sacred upon earth , for which princes are incompetent in respect of personall sanctity . and therefore , as it is most erroneous to argue , that princes are not capable of spirituall rule , because their persons are not holy enough : so it is most undenyably true , and we may safely argue , on the contrary , that no mens persons can bee more holy than such as god hath honoured , and intrusted with such supremacy of spirituall rule , as he hath done princes . the next argument which raises the miter above the diadem is drawne from the power of the church in excommunication : and it is framed thus . that supremacy which makes princes to be above the church , and free from ecclesiasticall censures , is absurd ; but such is here maintained , ergo : by the word church may be meant the catholike church , or some nationall church : the church triumphant , or the church militant : th church which was from the beginning , and shall be to the end , or the church which now is . we apply the title of head ship to princes over no churches but such as are under their present dominions , and that head-ship we account subordinate to christs , and we allow with saint ambrose in some sense , that the king is intra , and not supra ecclesiam : for he is not such an universall supreme head as christ is , but is a member under christ the head . yet this impugnes not , but that the king may in an other sense be both intra , and supra , as to his owne dominions : for take the church for ecclesiasticall persons , and so the king may governe all under christ , but take it for ecclesiasticall graces , and so the king may be subject ; he may be superior to priests , yet acknowledge inferiority to scripture , sacraments , &c. and therefore with that of ambrose , that of nazianzen may well stand ; thou raignest king together with christ : thou rulest together with him ; thy sword is from him ; thou art the image of god : and surely this is something more glorious than can be applyed in so proper and direct a sense to any clergie-man whatsoever . but let us briefly see what this spirituall sword of excommunication is , which the church , that is , church-men only clayme , and wherewith they thinke they may as freely strike princes , as princes may doe them with the temporall . the grounds in scripture for excommunication , are severall , not all intending the same thing , yet all are blended and confounded by clergie-men to the same purpose : wheras we ought to put a great difference betweene excommunication , and non-communication , and in excommunication , betweene that spirituall stroke , and punishment , which was ordinary in case of contempt , and that which was extraordinary in cases of most hainous nature . non-communication may be supposed to have beene from the beginning ; and by common equity ; for gemmes were never to be cast to swines , nor the priviledges and treasures of the church to bee imparted to such as were enemies and strangers to the church . heathens and publicans hated the religion of the iewes , and therefore it was hatefull to the iewes to communicate with them , either in matters of religion , or in offices of friendship . the iewes did not forbeare all civill conversing with them , but all familiarity they did forbeare , and yet the forbearance of familiarity was no proper punishment to them : nor was it a thing spiritually inflicted by authority , but by generall , and naturall consent practised . so men of the same nature , as publicans and heathens now , viz. such as hold our religion contemptible , or whose profession is scandalous to religion , they ought to be to us as they were to the iewes ; to mingle familiarly with them cannot stand with our owne safety , or the honour of religion , or the law of common decency : but those whom we account as publicans , we doe not make publicans , whom we shun as infectious , we doe not punish as rebellious : their actions we doe generally detest , but their persons we doe not judicially condemne . princes under the law might not eate of the shew bread , nor approach the sanctuary being in a polluted condition , nor in case of leprosie might they be admitted into the congregation of the lord , so nor bastards , &c. but these are all instances of non-communion , not of excommunication : and the reason of non-communion is perpetuall , so that if princes in open contempt of the sacraments should desire them at the ministers hands , ministers ought rather to dye than to administer them . but to deny the sacrament is not any spirituall obduration , or castigation ; to this denyall , no speciall authority is necessary , neither to that authority is any coercive force internally working upon the soule granted . cain having committed an unnaturall murther was generally abhorred amongst his brethren and abandoned as unfit for humane society : but this was a crime proper for the temporall sword , and if this was a proper punishment it was temporall . and it is plainly cleered to us , that adultery it selfe by gods law was punished by the temporall , not spirituall sword , and that abscissio animae amongst the iewes was ever spoken of corporall punishment by death , the inffliction whereof was only left to the temporall magistrate ; and that there was no difference observed betweene crimes spirituall , and crimes temporall . non-communion , then we grant to have bin of ancient use , and perpetuall , but we wish great caution and circumspection to be had therein amongst christians , for as visibly prophane persons are to be rejected , so no former profanenesse ought to be cause of rejection , where the party with outward professions of repentance , and gestures of reverence craves the mysteries at the ministers hands , as almost all christians doe . for in such case if the sacrament , then the word also may be denyed , and so no manner of salvation shall be left to such as have bin formerly vitious , whatsoever their present demeanour be . to come now to excommunication , or the spirituall sword , and sentence of the church , as it was used in the primitive times , yet so wee finde differences of it amongst our divines . that incestuous corinthian which was said to be traditus satanae , as chrysostome conceives , was not ejected out of the church by ordinary excommunication , but was miraculously left to satan , ut percelleretur vulnere malo , aut morbo , and such was the punishment of ananias , and his wife , and of elymas , &c. according to ierom , ambrose , theodoret , oecumenius , theophylact , &c. this excommunication , if it may be called so , was a corporall punishment , and there is no appearance of any internall obduration by the binding power of the minister : and it was miraculous , and therefore though it was of use then , when the keyes of church-men could not erre , and when a temporall sword was wanting , yet now it is utterly uselesse , and abolisht . for any other excommunication of present and perpetuall necessity in ecclesiasticall regiment there is little proofe in scripture , it is the spirituall scepter of our hierarchrists , without which their empire would appeare meerely imaginary : and therefore their zeale is strong for it , though their grounds be weake . it seemes to me a very darke deduction , that the keyes of heaven in the gospell must needs import reall power , and jurisdiction in church-men , and onely in church-men ; and that that power and jurisdiction must needs intend such a spirituall sword , as our present form of excommunication is , and that that sword is as miraculous as it was , or as usefull , as if it were miraculous ; and that the stroke of it is meerly spirituall , and not to be supplyed by the temporall sword : and that princes are as well lyable to it as other lay-men . ierome sayes , that with god not the sentence of the priest , but the life of the sentenced party is look'd upon , and regarded ; and sayes he , vt leprosum mundum vel immundum sacerdos facit , sic alligat vel solvit presbyter . it should seeme our priests now have the same power to try and discerne scandalous persons amongst us , as the iewish had leapers in their times : and no man supposes that the iewish priests had any vertue , or force in their judgements to purge such as were uncleane , or to infect those which were cleane , they were held the most fit and impartiall judges , but the matter to bee judged of was visible , easie , and sensible . so much as this , no man will deny to our ministers , for if they binde , and shut heaven to persons sensibly profan , not altering at all the condition of such as they binde , and shut out , this is no such strange spirituall sword , and celestiall power , and supereminent dominion , as they have hitherto pretended to , neither is it of any such great consequence in the church of god . but if ministers can yet by vertue of their keyes , either search into the reines and hearts of hypocrites , as the apostles did , or alter the condition of such as are subject to them , either by absolving , or obdurating the guilty , or can effect any remedy in the church for the taking away of scandall , by their spirituall power , which the temporall ruler doth not effect as the apostles may be supposed to have done ; this is more than the iewish priests ever professed , this is supernaturall , and wee ought to admire it . i doe not beleeve that our ministers will lay clayme to any such miraculous vertue and infallibility , and if they did , i hope they would give us some signes and demonstrations therof by opening heaven to thousands , and by confounding all incorrigible opposers of religion . if nero had resorted to peters ministery , desiring to bee made partaker of the word and sacraments , out of fraud and dissimulation , peter doubtlesse would not have refused him , and cast him off , without a certaine insight into his hypocrisie : but if peter did discerne his hypocrisie , and reject him , yet our ministers cannot discerne the like , and therefore cannot reject in the like manner . with us take excommunication , as a spirituall punishment , as it hardens , and drives from repentance ( for so the shutting of heaven intimates ) and our ministers should bee cruell to use it where they are ignorant of the heart : and take it as a wholesome remedy , and fit meanes to draw to repentance , as corporall punishments , sometimes are ( though it bee strange to conceite the like of spirituall ) yet their vertue being ignorantly applyed , is no proper vertue . for in case of utter impenitence , and open perversenesse , heaven is shut without the ministers power : and in case of fained penitence , the ministers key cannot open effectually , though he discerne not the fraud : and in case of true penitence , if the minister be mistaken , yet heaven will not remaine shut . howsoever if priests may now excommunicate as they pretend , yet this concludes not , that they may excommunicate princes . we know the primitives did use excommunication , very moderatly , and tenderly , and not without great policy , and respect had to the good of the church , and therefore saint aug. openly avers , that excommunication is a proud , pernicious , and sacrilegious attempt , when it is denounced against any considerable number of people , ubi periculum sit schismatis . we must know that it is of worse example when it is used against princes than diverse other great bodies and societies : in as much , as one prince is of more consequence and power than thousands of other lay-men . we know also that in all judgments there is a necessity of legall tryall to precede conviction : and that great multitudes may be convented , examin'd , sentenced , and punished with lesse disturbance of peace , lesse violation of majestie , and lesse obstruction to policy , than those which sway the ball imperiall . and if the condemnation of princes might bee upon due tryalls without violence , yet the execution of the sentence would produce more grievous and rigorous events in them , than in private men : for how shall the people honour , obey , and worship him in the state as gods lievtenan● , whom they see accursed , cut off , and abhorred in the church as the devils vassall ? that which was obtruded upon private men at first as a wholsom corrosive plaister for their spirits , declined after into corporall penances , and after that into pecuniary mults : but what have beene the sufferings of private men in comparison of that which princes have lost hereby to the clergie ? vpon the excommunication of princes , whole nations have bin interdicted , whole states ruined , the innocent with the obstinate , the prince with the people all have bin sacrificed to bloud thirsty priests , under pretence of obedience to the holy church . it will be objected , that if princes be not this way punishable , they are no other way punishable , and that it is very mischievous in the church , that there should be any scandall given , and no meanes left for its purgation , and expiation . i answer , the iewish kings did sinne in the most offencive manner that can be imagined ; yet god assigned no spirituall rulers for their castigation , and the heathen emperors were also free from any coercive restraint or punishment , and this god suffered , and we must suppose , that if it had bin so extremely and publikely mischievous , god would not have suffered it . besides , in civill transgressions of the law priests doe not usually clayme jurisdiction ( though saint ambrose vindicated murder upon theodosius ) for so their power would be as temporall , and as large as the princes , and yet there is no reason why god should not have left a judicatory to punish civill violations in all men whatsoever , as well as ecclesiasticall . in the last place also , if scandal shal not remaine unpunishable in the supreme temporall magistrate , yet it shall in the spirituall , and that is a mischiefe of the same nature as the other . for if the king shall abide the judgement of this bishop , or that consistory , yet what judgment shal that bishop or consistory abide ? if this spirituall supremacy rest in any one , that one must be unpunishable : for two supremes are things incompatible : and if this supremacy rest in more than one , this is not consistent with monarchy : for either the one or the other must be predominant , and transcendent . we reade that lustinian did command the clergy to be proceeded against by excommunication , suspension , and deprivation , and we cannot deny this to be his right , and all other princes in the like manner , when misdemeanours are scandalous in the highest cleargy-men , or consistores ; and we know that such command and constraint in iustinian is more than to excommunicate , suspend , or deprive . we may justly therefore inferre , that iustinian having a power above excommunication , ought not himselfe to be excommunicated , by those which were under his power : for so the excommunication of the inferior would disable the excommunication of the superior . and since excommunication cannot be promiscuously and oppositely used by two , one against the other , without variance , and confusion , but either the one , or the other must be above excommunication , it is more reasonable that the higher bee exempted , and priviledged than the lower . and so it is a stronge argument , that princes are not liable to excommunication , because even in the power of excommunication it selfe their function is more excellent , and their power more sublime , than theirs is , which excommunicate under them , and at their command , the prince doing herein the nobler office — quantum qui navem temperat , anteit — remigis officium — but when it is argued against princes , that they may be excommunicated by priests ; because they beare offices lesse sacred , and serve god in places lesse glorious than priests , the grounds are here utterly false , and repugnant to all right reason , and sound divinity . let us not then doubt to submit all things under one supreme on earth , submitting him to his supreme in heaven ; for it is no small thing , as we imagine , in such case to be left to the searching judgment of god , for god is not negligent of his office therein , nor need we doubt , or hold our selves utterly remedilesse , whilst we can say truly , omne sub regno graviore regnum est . and let us not mistake our supreme on earth , for if god had intended to have left us a spirituall sword and miraculous judicatory under the gospell , never before knowne , or usefull to the world , and that of perpetuall necessity , doubtlesse he would have left us some cleere command in scripture , and not have involved his meaning in metaphors so intricate , and ambiguous . the next argument against the soveraigne dignity of kings is this . if servants are to be measured by the degree of their master whom they serve , they are the greatest servants , which serve christ : but ministers serve christ : ergo , this can decide nothing for princes and priests , serving both the same master ; the argument hath the same force for princes , and for priests , and if it be further said , that christ as a priest , is greater than christ as a prince , and that princes therefore serving under him as a prince , are not so great as priests serving under him as a priest , i shall deny that to bee so , for christ as mediator was inferior to his father , and all workes of his regiment over the church are not done by him as mediator , but doe belong to his kingly office , and as to his kingly power , he is equall with the father . the next argument therefore of truer force is this : there can be no office more sacred , or dignity more excellent , then such as is signified under these glorious titles of gods , starres , angels , embassadors , rulers , fathers , stewards , pastors , leaders , teachers : but these glorious titles are applyed to ministers , ergo . wee will acknowledge all these honourable badges given to ministers , and duely given : and wee will acknowledge these no empty words without truth , and so make words and things contrary : and we will acknowledge the function of ministers to bee more venerable than any amongst men , besides that which beares the sword , the embleme of gods imperiall majestie . but to such as are gods sword-bearers upon earth , we conceive ministers ought to give place , and pay subjection , as humbly as any others . the preminence of kings , we hold to be three ways manifest : in order , in measure , and in kind . in the very sanctity of the priest-hood it selfe we conceive the ministration of priests to be subordinate to princes , inasmuch as to superintend in the most religious affaires is due to princes , and to officiate only to priests , and to superintend is more than to officiate . secondly , in measure we conceive princes excell also , in asmuch as in religious affaires such priests have the charge of such flockes , and such bishops of such priests ▪ but all both bishops , priests , and flockes are under the kings charge . and not only in religious affaires , but in civill also the authority of princes is both intensive , and extensive many wayes , where priests may not at all intermeddle . and though to governe christians as christians , be the most transcendent honour of kings ; yet to governe men , as men : and not only to governe but to governe well , is a thing of divine impression . thirdly , in kinde the regiment of princes is far excelling , for the regiment of kings is a true proper regiment assisted with reall power , decored with externall honour , founded in the generall consent of men , and blessed by the gratious influence of god , but the rule of priests is but ethicall , or metaphoricall only , its utmost vigor is but perswasive , and is not at all coercive , either inwardly , or outwardly : and that subjection which it challengeth is not to it selfe , but to the word and sacraments , whereto it selfe rendreth as much , as it requireth from others . this generall answer might suffice , but to each particular title we will briefly reply further . ministers they are gods , viz. to such as are under their cure : but then as they are gods to others , so princes are gods to them . thus moses was a god to aaron , though aaron was a god to his inferiors . ministers are stars , but not in magnitude equall to the sun ; neither is their light and influence so independent as the suns . ministers are angels , viz. upon earth , and their internall piety is like a shining rayment to them amongst men , but they serve under gods on earth , whose robes of majesty are every way resplendent , as well externally as internally . ministers are embassadors , but all embassadors persons are not of the like honour , nor all their embassages of the like moment , nor all their commissions of the like extent : and in all these respects , preachers are inferior to princes , being joyned to them , as aaron was to moses for a spokesman , or an interpreter only . ministers are rulers , viz. quoad vim directivam , but not quoad vim coactivam . ministers are fathers , viz. such as have been gods instruments to regenerate us , and so as saint ierome sayes , they are the fathers of our soules , and perhaps , as chrysostome sayes , in this respect they are more to be honoured than our naturall parents . but ministers alwayes , and onely are not so our parents , and they that are so our parents , are not so physicall , and selfe efficacious causes as our naturall parents are : but if they may challenge more honour than our fleshly parents , yet this advances them not above kings , who are both politicall , and spirituall fathers also . fabius the consull , though he was to pay honour and reverence to his naturall father , yet he was to demand a greater measure of the same from him being his politicall son : and it did not mis-beseeme him to prefer the civill right before the physicall : yet fabius here was a meere magistrate , and in that farre lesse glorious than our christian magistrates are ; ministers are stewards , but not the highest in the house of god ; for princes are stewards also and only accountable to god , but they are accountable to princes themselves . and as stewards doe provide food for those , by whom themselves are fed , and manage only but one part of their lords affaires : so it is with ministers : under princess ministers are pastors , leaders , teachers , their doctrine is their food wherewith they comfort the people , their perswasion is the light wherewith they secure them from falling , they feede by their exhortations , and guide by their dehortations , but all these are offices of a servant , rather than priviledges of a master , and even in these offices they are subordinate also . so the pilot at sea may have the safety of his prince committed to his direction , charge , and rule : so the commander in warre gives order for all affaires of the battaile , assigning to the king himselfe a fit station : so the iudge in matters of law by his just decree bindes the right of his owne master : so the physition limits and prescribes rules of diet , and sets downe lawes of exercise to his soveraigne lord . in all these cases there is a kinde of obedience due from kings , and that obedience implyes some kind of inferiority : and yet this obedience of the king , doth not drowne the higher and greater obedience of the subject , nor doth this inferiority contradict that which is of a farre other quality , and degree . in the selfe same manner also the priest officiates in the church , perhaps before the king , perhaps before his owne metropolitan , at this time , in this place , and in this office , there is honour , reverence , and obedience due to him from the king , and metropolitan : yet this doth not exempt him from that stronger and holyer tye of subjection , awe ▪ and subordination , by which he is alwayes bound to those which governe him in other things ; when ambrose therefore sayes honor & sublimitas episcopalis nullis poterit comparationibus adaequari : and againe , nihil potest esse in hoc seculo excellentius sacerdotibus , nihil sublimius episcopis reperiri : wee answer , if he here include princes , as having episcopall power , and a jurisdiction both over priests and bishops , we agree hereunto , but if he exclude princes , we exclude this from our beliefe . and againe when he sayes : if you compare episcopall sublimity to the brightnesse of kings , or diadems of princes , that of kings and princes will be more inferior than leade , compared with gold : we answer , if he here intend the meere secular authority of princes in things meerly temporall , we suppose some mild construction may bee allowed : but if he speake of the intire soveraignty , and prerogative of princes , and put that as lead in comparison of the golden miter , we reject him as erroneous . that which chrysostome sayes , that more awe is due to priests , than to kings and princes , we admit also in this sense , viz. to the embassages of god in their mouthes , not to their persons : and those embassages also and instructions we oppose to the meere civill ordinances of kings , not to religious injunctions , wherein princes are sent with larger commission than they are . and whereas hee sayes further of the power of priests , that god himselfe would not impart it to angels , or arch-angels wee may adde also nor to princes : yet this concludes nothing to the derogation of angels , or arch-angels or princes . for the angels , &c. though they have not the same ministery in the same kinde , and order , yet they have a more glorious and heavenly , and consequently so may princes . that which saint augustine sayes also that princes beare the image of god , bishops of christ , we willingly consent to , and yet by bishops here we do not intend only such church-governours as our bishops now in england are , but all other such as doe the same offices over gods people , whatsoever their stiles , or externall additions be otherwise . and these things we conceive ought to receive such constructions , because our saviour himselfe did alwayes decline all state and pompe , and recommend the same lowly president to his followers ; with strict command not to exercise any lordly dominion , nor to assume the name of rabbi upon them , ever pressing this ; that he came to serve , and not to be served . and yet in the meere name of lord , or rabbi there could be no offence , if the power and grandour belonging to those names , had not bin displeasing to him : and if it was displeasing in those his immediate followers whom he had made governours as wel as preachers , and for their better governing had indued with many miraculous gifts , to discerne spirits , and to open and shut heaven : and inriched with many other weighty graces , we cannot imagine it should now be pleasing in our ministers , where lesse power is necessary , and lesse vertue granted . however it is farre from our meaning to detract or derogate any thing from that internall reverence which is due to christs embassadors , and stewards , &c. in the church , we know that he that despises them , despises christ himselfe , according to christs own words , our meaning is only to place them next and in the second seate of honour after princes , and rulers , and iudges which have scepters committed to them by god , either mediately , or immediately . cyp. sayes well , that our saviour being king and god did honour the priests and bishops of the iewes , though they were wicked , for our instruction : we grant that our saviour ought in this to be imitated , and that all priests whether they have such command or no , as the iewish had , or whether they bee religious or no : yet for christs sake which is our high-priest , and their head , we ought to pay all reverence and awe to them . the last argument urged is this . that order which is of the greatest necessitie in religion , without which no church can at all subsist , is most holy and excellent , but such is the sacerdotall order , for religion had subsistence under the apostles without princes , and that it never had nor could have under princes , without priests : ergo , this is no way true , for religion can have no being without men , and men can have no being without government , and therefore as to this first , and most necessary being , wee may justly say , that the gospell it selfe was as well protected by caesar , which hated it , as by peter which preached it : for peter did owe his civill being to caesar , and without this civill being , his ecclesiasticall being had perished . besides peter , &c. was not only a preacher , but also a governor , and those offices which he did as a governour , might be as much conducing to the welfare of religion , as those which hee did as a preacher : and yet for want of the civill magistrates further assistance , both offices were some way defective , and perhaps , had bin wholly unprofitable , had not miraculous gifts and graces superabounded to supply that defect . howsoever , it is more true , that after the creation religion did subsist under princes onely without priests , for untill the priest-hood was severed in aron , adam , melchisedeck , &c. were not so properly priests , as princes : for though they performed the offices of priests , yet they had no other consecration to inable them therefore , than their regall sanctity , and sublimity . if the meere officiating did make a priest , then the priest-hood were open to all : and if some right and warrant be necessary , it must orginally flow from princes , and they which may derive it to others , have it , till they derive it , in themselves . the essence of priest-hood doth no more consist in the rites and ceremonies of consecration , than royalty doth in coronation : and the due warrant of lawfull authority being that essence , before that warrant granted , we must looke upon authority as including that warrant within its vertue : and after that warrant granted , as not exhausted of its vertue . when the priest-hood was separated from the greater , and confered upon the inferior , some formall ceremonious resignation therof was thought necessary : but before that resignation till moses , wee may well conceive that princes did officiate in their owne rights , without borrowing any thing therein from ceremonies , or from any higher power than their own . i have now done with arguments of the first kinde , which are urged against the sanctity , and competence of princes , in ecclesiasticall and spirituall things . i come now to answer such things as are further objected against other defects of qualification in them , especially in learning , knowledge , and theologicall understanding . the maine argument here , is thus : whosoever is fitest to direct to truth , is also fittest to command for truth : but ministers being most skilld in divinity are most fit to direct , ergo . in answer hereunto , i must make appeare . . that ministers are not alwayes most learned . . that the most learned are not alwayes the most judicious . . that learned and judicious men are not alwayes orthodox , and sound in faith . . that there is no necessitie in policy , that the most learned , judicious , and sincere men should be promoted to highest power in the church . and first , we deny not that the blessing of god doth usually accompany the due act of ordination , to adde gifts and abilities to the party ordained : we only say , that gods grace like the winde hath its free arbitrary approaches and recesses , and is not alwayes limited , or necessitated by the act done of consecration . and we say also , that as god usually sanctifies ministers for their function , so he doth also kings : and when he did lay his command upon kings to have a copy of his law alwayes by them , to reade and study it for their direction , we conceive it is intimated to us what kinde of knowledge is most fit for kings , and what kinde of grace god doth most usually supply them withall . king edward the sixth , queene elizabeth , and king iames of late , and happie memory were so strangly learned and judicious in divinity , that we may well thinke there was something in them above the ordinary perfection of nature : and had they perhaps relyed lesse upon the greatest of their clergie in matters concerning the interest and honour of the clergie , the church might have been more free from these controversies , and disturbances at this day . counsellors of state were by a wise king of spaine compared to spectacles , and so may prelates also , but as the same king well observed , those eyes are very wretched which can see nothing at all without them . t is as much wisdome in princes to look into the particular interests of counsellors , and not to be too light of beliefe , as t is to do nothing without counsell and to suspect their owne imaginations . if we did attribute to our iudges a freedome from all fallibility and corruption , and so intrust all law into their hands , this would be as dangerous , as to allow iudges no credit at all . the anabaptists which rely only upon their own private enthusiasmes are not mislead into greater idolatry , and slavery than the papists , which renounce their owne light , and reason , to cast themselves wholly upon the directions of their ghostly fathers . our prelates at this day have not so rigorous an empire over our beliefe as the papists grone under , yet they have given us a taste of late , what canons should be held most religious and fit for us , if we would admit all to bee indisputable : which they thinke fit to bee imposed upon us . and truely when clergie men were confessed to be the only oracles and infallible chaires of divinity in the world , t was but a modest law my thinkes , that all lay-men being on horse-backe , and meeting clergy-men on foote , should perpetually dismount , and resigne their horses to clergie-men : sure those times which thought this reasonable , and just were prety modest times , and lay-men did not deserve so good . in the second place also admit clergie-men to be only and alwayes learned , yet the learnedst men are not alwayes the wisest , and fittest for action . sometimes where great reading meets with shallow capacities , it fumes like strong wine in their heads , and makes them reele , as it were , under the burthen of it : it causes sometimes greater disquiet both to themselves , and other men . in our ancestors dayes when all learning was ingrossed by the clergie , and thrust into cloysters , and colledges from the laity , yet there were many grave and wise states-men that were as an allay to the insolent , and vaine excesses of the clergie , or else this state had bin often ruined . but admit in the third place , that clergie-men are alwayes more learned and wise than all lay-men , yet we see they are not more free from errors , heresies , and jars amongst themselves , than other men , but rather lesse . when schismes rise amongst divines , as they doe almost perpetually , divines being thereby banded , and divided against divines , what can the poore laicke doe ? both sides he cannot adhere to , and if he adhere to this , that side condemnes him , and if to that , this condemnes him : if hee make use of his judgment herein , than hee trusts himselfe more than the priest , and if he use not his judgment at all ; he commits himselfe meerly to fortune , and is as likely to embrace the wrong , as the truth : if he apply himselfe to the major party , that is hard somtimes to discern ▪ and if it be discernable , yet it is many times , the erroneous party . the papists are not the major part of christians , christians are not the major part of men , the orthodox amongst us are not the major part of calvinists calvinists are not the major part of protestants . before the law the minor part worshipped the true god , and amongst those which worshipped the true god , the minor part were heartily his servants , and made a conscience of their wayes . after moses also when the iewes began to mingle with the canaanites , and other bordering heathens in the manner of their sacrifices and high places , a very small part sometimes kept it selfe pure from those pollutions , and innovations . and in that great rent under ieroboam ten tribes of twelve estranged themselves from god , set up a new spurious false worship in bethel . and we reade long before the captivity , that ephraim was divided against manasseh , and manasseh against ephraim , and both against iudah . iudah also it selfe was never wholly untainted , for from the captivity , sundry sects , and factions had distraited it , in so much that when our saviour came into the world , there was scarce sincerity or truth to be found , and that that was , was not most eminently amongst the greatest scribes , pharisees , or priests . in all those times if there was such an infallibility in the chayre of moses ( as the papists dreame of ) it did but little availe the world , for he that then would have sought for the true way to walke in , disclaiming utterly his owne light and understanding he must not have sought it amongst the multitude : and if he had sought it amongst the priests , he would have seene divisions there : and if amongst prophets , hee would have found the same there also . god did not deliver oracles , nor inspire prophets , at all times upon all occasions for the ceasing of differences , and contestations ; he did appeare in love , but not without all majesty ; he did shew grace , but not according to obligation . after our saviours ascension a blessed spirit of infallibity did rest upon the church to direct in intricate debates , and to prevent schismes , till a perfect gospell was establisht : but this spirit in those very times had not residence in any one mans breast at all times , to give judgment in all things . the greatest of the apostles might severally vary and dissent in points of great concernment , and therefore they had consultations sometimes , and when consultations would not satisfie , they did assemble in a greater body ; and when those assemblies were , the wisdome of the spirit did not alwayes manifest it selfe in those which were of highest order , but sometimes the inferior did reprove and convince the superior , and the superior did submit , and yeeld to his inferior . but after one age or two , when the spirit of god had consummated , the maine establishment of religion , though it preserved the church from a totall deviation , it secured not all parts thereof from all grosse prevayling rents , and apostasies , neither did it affixe it selfe , or chuse any certaine resting place in any one part of the world more than an other . three ages being now runne out , heresies of a foule nature beginning to spring up and increase with religion , it pleased god to send constantine to ayd the truth against error , and impiety : in his power now it was to congregate bishops of the best abilities , for the discussing and discovering of truth , and for the upholding the same being discovered . when bishops contended against bishops , and presbyters against presbyters , and when arianisme was defended by as great a number of divines as it was opposed , so that from the wisdome of divines , no decision could be expected , then doth the power and policy of one emperor , by divines remedy , that , which a thousand divines by themselves could never have remedyed . from the bishop of rome the orthodox party could obtaine no succour , till constantines scepter proved more vertuous than his crosiers : and when the councell was by constantine called , and ordered , the bishop of rome was not the onely oracle in that councell , neither had that great trouble of assembling been , if one bishop had then bin more oraculous than all . the same offices also which constantine did in his dayes , many other godly emperors did in their raignes : and had not they done them , no one bishop could ; for the catholike bishops were many times inferior in number , and power to the heretikes : and if the pope had then had the power to utter oracles , yet not having power to inforce , and authorise the same upon all opposites , hee could not have advantaged religion amongst heretikes , more than hee doth now amongst protestants , iewes , turkes , or pagans . if god gave infallibility to one bishop , for the availe of all the world , why doth not that bishop availe the whole world ? why is so great a light put under a bushell ? why are not all men illuminated by it ? and if god had no regard therein but to that remnant which worships the pope , if his only ayme therein was at the salvation of papists , why is this made a ground of universall authority to the pope , or of generall priviledge to all bishops ? but i am to speake now to protestants which hold no one bishop infallible , but the whole order of bishops freer from fallibility , than any other condition of men : therfore to such , i shall instance in rome it selfe what multitudes of divines ; of learned , profound divines ; of politike , sagacious divines for many ages together have beene drunke and bewitched with the superstitions , idolatries , blasphemies , and heresies of that inchanting city ? can it bee thought safe for princes and lay-men wholly to abjure their owne understandings , and yeeld themselves captives to the dictates of divines only , when so many millions of them for so many ages , notwithstanding all their exquisite learning and rare abilities , devote themselves to such sottish impostures , and grosse impieties , nay to some such infernall , diabolicall tenets ? can men still persist to give up their judgements wholly to other men for their callings sake , or for their learning and wisdome supposed , when we see this is the very same rock , whereupon rome suffers ship-wrack , and this blind opinion the very snare wherein so great a part of the world still lies intangled ? but i will avoydeprolixity . and now in the fourth place , i come to shew , that if we will take all these things for granted , and ascribe all learning , knowledge , and freedome from variance to all clergie-men and to clergie-men only , yet it doth not follow that they are necessarily to rule , and command in chiefe . nay i shall make it appeare , that it is not only not necessary , but that it is many wayes mischievous , that the ablest divine should alwayes be supreme in all causes , and over all persons ecclesiasticall . power and wisdome are things of a different nature , for power cannot stand with inferiority , but wisdome may be as efficacious in a man of meane condition as in a man of high quality ; and power if its supremacy be divided , it is diminished : but wisdome the more it is dispersed , the more the vertue of it is increased . wisedome often is contented to serve , and to accept of a low dwelling , but power ceases to be power if it dwell not in sublimity , and have honour to attend it . to be wise , and to be contemned , dejected , suppressed are things compatible , they are things frequent : but to be potent , is the same thing as to be great , to be sacred , to bee a commander of other mens wisdome : nay to be potent hath no terme convertible , but to be potent . power in the state , is preserved as the arke was in the iewish church , it is priviledged from common sight , and touch in all well constituted common wealths , it is united in some one person only , and to him so lineally intayled , that it may never dye , never cease , never suffer any violent motion , or alteration . power is as the soule of policy , of so exquisite , and delicate sense , that nothing but the wings of cherubims is fit to guard and inclose it , from all rude approaches : vacuity in nature is not a thing more abhorred , or shunned with greater disturbance , and with greater confusion of properties , than the least temeration , and eclipse of power in the state . how absurd then is this axiome , which makes power servile to wisdome , not wisdome to power , wch subjects power to so many translations , & competitions , and ceslations , as often as time shall discover such and such excellencies in such , and such men ? if power shall always be at the devotion of such men , as for the present appear most wise , if she shal be made so cheap , and vulgar , and prostituted daily to so many uncertainties , what quiet can she procure to the world ? nay what bloud wil she not procure ? i need say no more : this axiome is neither consistent with monarchicall , nor hereditary rule . for first , if the most knowing divine shall alwayes be supreme commander in all church affaires ( for more than this the pope never claymed ) then by the same reason the most knowing states-man shall be supreme in the palace , the most knowing souldier in the campe , the most knowing lawyer in the tribunall , &c. and so monarchy shall be changed not into the aristocracy , or democracy , which are formes not utterly corrupt , but into poly-coirany , than which nothing can be more unpoliticke . all nations have ever rejected this broken confused rule of many severall independent commanders , which cannot chuse but injoyne impossible things sometimes : for all these commanders may at the same time use the same mans service in severall places , and in this they never can be satisfied : wherefore we may well account this rule as bad as anarchy it selfe . nay even religion it selfe by this meanes may be distracted into severall supremacies , for he that is the ablest divine in polemicall points and in deciding controversies , may not be ablest in positive points , or matters of discipline , and yet here the one hath as good title to absolute power in his sphere , as the other hath in his . and as monarchy cannot , so secondly , neither can hereditary right stand with this alwayes uncertaine , variable title of ability , and excellence in knowledge . nay possession of supremacy is here no good plea : for he that was the greatest , and most knowing man last yeare , is not so this yeare , neither perhaps will he be next yeare , that is so this yeare . a thousand incongruities and inconveniences attend upon this paradox : for the abilities of men are very hardly tryable , and discernable : and if they were not , yet the subjecting of power to the perpetual , giddy changes of new elections would soone confound us into our old chaos againe , as the poets word is . the three principall acts of power are , first , to make lawes . secondly , to give judgement according to lawes made . thirdly , to execute according to the right intent of judgments . in the making of lawes also according to tully , there is three things necessary : . invenire . . disceptare . . ferre . the invention of all necessary lawes is almost perfect alreadie to our hands ; those lawes which god ordained for the iewes , and those which our ancestors found out for us , are daily before our eyes , and little can now be added of moment , except only for illustration of what was ambiguous before . in the church also is lesse want of perpetuall alterations , and additions of canons , than in the state , our misery is , that we succeed ancestors which were opprest with too vast a church discipline . our reformation hath rid us of some part of this burthen , but yet no sensible man can chuse but see , that our ecclesiasticall courts are yet of larger jurisdiction , and fuller of trouble , than ever the iewish were , or those of the primitive christians . the reason of this is , because wee still rely too much upon divines herein , and they for their own profit , and power are still as willing to uphold their own tribunals as ever they were . did they thinke it a greater honour to serve at the altar than in the consistory , and did they take more delight in preaching , than attending suites , they would not study new canons , but discharge themselves of many old ones : and so ease themselves and us too , and restore backe againe to the civill magistrate that which popery first usurped , and their ambition hath since continued . howsoever if ministers can adde any articles to the doctrine of our church for the better preventing of schismes , or frame any orders for the more decent performance of gods worship in the church , i would not exclude them from proposing it ; i only desire that since they are men , and may have private interests and respects to the prejudice of other men , they may not ingrosse all power of proposing what they list , and to exclude all others from the like power . and in the second place , if clergie men only shall propose all ecclesiasticall lawes ; yet it is most unjust that princes , and lay-men should be held utterly uncapable of ventilating , and debating the same . id quod omnes tangit ab omnibus tractari debet . nature hath printed this in us , if the priest propose any thing tending to the disservice of god , that disservice will draw the same guilt upon me , and all others , as upon him , and it shall not excuse me or others , that he pretended his judgment to be unquestionable ; and shal it then here be unlawfull for me and others to use any endeavour for the prevention of this guilt ? if angels from heaven should seduce me , i were inexcusable : and when ministers , whom i know to bee subject to the same naturall blindnesse , and partiality as i am , and to whom i see generall error may be a private advantage , in matters of this private advantage , shal i be allowed no liberty to search , and trye , and to use my best art of discussion ? if this were so , god had made my condition desperate , and remedilesse , and i might safely attribute my error , and destruction to the hand of god alone : but this no man can imagine of god without great impiety . god hath declared himselfe contrary herein , for he hath exempted none from error though never so learned , nor leaves none excusable in error though never so unlearned ▪ if we will blindly trust others , t is at our own perill , he will require it at our hands ; but if we will seeke industriously , we shall finde , if wee will knock at his dore , he hath promised to open to us . and if private men stand accountable for their owne soules , whatsoever the priests doctrine or commands be , how much more shall princes , and courts of parliament answer for their wilfull blindnesse , if they will depart from their owne right and duty in sifting , and examining al such religious constitutions , as concerne them , and all others under their charge ? shall they sit to treate of lether , and wooll , and neglect doctrine and discipline ? shall they consult of the beauty and glory of the kingdom , and transfer religion to others , which is the foundation of all happines ? shall they be sollicitous for transitory things , and yet trust their soules into other mens hands , who may make a profit of the same ? let us not so infatuate our selves , let us honour divines , and reverence their counsels , but let us not superstitiously adore them , or dotingly in-slave our selves to their edicts . the d. thing in making of laws is that which we term ferre legem : and till this act of carrying , passing or enacting give the binding force of law to it , how good and wholsome soever it be after all debate , yet it is but as the counsell of a lawyer , or the prescription of a physition . and here we maintaine , that if divines are the most fit , to invent , and discusse ecclesiasticall constitutions , yet they have not in themselves that right and power which is to imprint the obliging vertue of lawes upon them . the forme or essence of law is that coercive , or penall vertue by which it bindes all to its obedience : and all cannot be bound to such obedience , but by common consent , or else some externall compulsion : take away this binding vertue , and it is no law : it is , but a counsell , wherein the inferior hath as much power towards his superior , as the superior hath towards his inferior . if then divines will vindicate to themselves a legislative power in the church , they must deduce the same either from the common consent of the church , or from some other authority to which all the church is subject , and to which the whole church can make no actuall opposition . if they clayme from common consent , they must produce some act of state , and formall record to abet their clayme , and common consent must also still strengthen the same , or else by the same that it was constituted , it may still be dissolved ; and if they clayme from some higher externall authority , stronger than common consent , they must induce that authority to give vigor to their lawes , and to use means of constraint against all such , as shall not voluntarily yeeld obedience to the same . and it is not sufficient for them to alledge god for their authority , without some speciall , expresse words from gods owne mouth , for god gave no man a right , but he allowes him some remedy agreeable thereunto , and god is so great a favourer also of common consent , that though hee hath an uncontroleable power above it , yet ( as hooker observes ) he would not impose his owne profitable lawes upon his people , by the hands of moses , without their free , and open consent . and if god , which cannot doe unjustice , nor will impose lawes , but such as are profitable to us , and yet hath an undisputable empire over us , will so favour common consent ; shall man which may erre , and doe injurie ▪ and is of lesse value then communities , and wants might to inforce and put in execution his owne commands , usurpe that which god relinquishes ? take it for granted that priests cannot erre out of ignorance ; or be perverted by private interest , and that they are superior to all christians under their charge : yea grant them a right to make what canons they please , and grant them no power to compell obedience to the same , and to punish disobedience to the same , and this would take away peace , and cause much mischiefe and disturbance every where , and this we cannot thinke god would be the author of . how ridiculous are the popes anathemaes to those which renounce his allegiance , they seem to us but meere epigrams sent abroad to provoke laughter ? and yet why doe they not appeare as ridiculous in italy , as in england ? were it not for common consent , they were not in more force amongst italians , then englishmen : and there is no more true naturall vigor in the popes bulls , to procure common consent in italy , then in england : we may gather then from hence , that there is no ecclesiasticall supremacie , but founded upon the same basis of common consent , as temporall supremacie is , and being so founded , it cannot be divine , or unalterable , or above common consent so as to have any efficacie without , much lesse against it . that some nations are gull'd , and cozen'd out of their consents , is no presedent for us , for as many nations are addicted to mahomits commandes , as are to the popes : and in this the dominion of mahomet is as spirituall as the popes : and is as strong a case to over-rule us , as the popes : for if consent were to be forced , the pope might as well force mahometans , as christians : and if it be free , his empire depends as much upon it , as mahomets . they then that have erected a spirituall supremacie , not depending upon common consent , have been in a great error , and they that slight common consent , as not capable of a spirituall supremacie , seem to have been as much mistaken . many of our divines say , that parliaments are temporall courts ; and so not of spirituall jurisdiction , and others say , that they may as well frame acts to order the hierarchie in heaven , as to dispose of ecclesiasticall things on earth : both these seeme to me verry erroneous . the argument methinks is equally strong : as god would not give a right to binde up other men by statutes and commandements , but he would give some power withall to drive men by constraint to observe , and yeeld obedience to the same : so he would not indue any prince , or court with such power , but he would give a right of binding equall , and congeniall to that power . princes of themselves are sacred , as i have proved , and spiritually sacred ; how much more then are they accounted sitting in parliament : and if princes in parliament , how much more princes , and parliaments ; for to princes on their awfull tribunalls , is something more due then at other times , but to princes in parliament , there is most of all due , in regard that there they are invested with more then their owne naturall power , common consent having not derived all power into the king : at any other time , or in any other place : but reserved much thereof till a full union be in parliament ; besides , setting aside the sanctity of power in parliaments : yet in regard that they are assisted with the best counsell of divines , so they ought not to be accounted meere temporall courts : for what better advise can those divines give out of parliament : then in parliaments : some parliaments in england have made some ecclesiasticall acts , excluso clerò ; nay that which was the the most holy act , which ever was established in england , viz. the reformation of religion , was passed invito clero : and when these things are not only legall , but honorable , shall we limit parliaments in any thing wherein the votes of the clergie are concomitant , and concurrent , with the laytie ? hooker sayes , that the most naturall and religious course for the making of lawes , is , that the matter of them be taken from the judgement of the wisest in those things whom they concerne , and in matters of god ( he saies ) it were unnaturall , not to thinke the pastors of our soules a great deale more wise than men of secular callings : but when all is done for devising of lawes , it is the generall consent of all , that gives them the forme , and vigor of lawes . this we allow of for the most part , but wee conceive this to be understood of such divines , as in the judgement of parliaments , are omni exceptione majores ; for it was not unnaturall in the beginning of the reignes of edward the sixth , and queen elizabeth , to thinke that the lords and commons were better judges of religion , than the bishops and the convocation house , as matters then stood in england . for the whole body can have no sinister end , or interest to blinde them : but the whole clergie , which is but a part of the whole body may , and therefore the whole body is to judge of this , and when they see a deviation in the clergie , and observe the occasion of it , they must not blindly follow blinde guides , but doe according to that light which god hath given them . and certainly , it were contrary to that interest which every man hath in the truth , that any should be obliged to receive it from other mens mouths , without any further inquiry , or judgement made upon the same . the meanest man is as much interessed and concerned in the truth of religion , as the greatest priest , and though his knowledge thereof be not in all respects equally easie : yet in some respects it may be easier , for want of learning doth not so much hinder the light of the laymen , as worldly advantage , and faction sometimes doth the priests . examples of these are infinite : corruption in the church before our saviour , and in our saviours daies , and ever since hath oftner begun amongst the greatest priests , rabbers , and bishops , than amongst the meaner laitie . and for this cause , god requires at every mans hands an account what doctrine he admits , what lawes he obeys , holding no man excused for putting blinde confidence in his ghostly father , and not taking upon him to weigh and try how sure his grounds were . and if every private man stand so responsible for his particular interest in the truth , being equally great in the truth ? shall not whole states and nations , whose interest is farre greater than their priests or bishops is , give a sadder account to god , if they leave themselves to be seduced by such men , which are as liable to error as themselves ? if wee consider the meere matter of lawes , they are either profitable for the church , or not : if they are profitable , why should wee thinke that princes and parliaments want power to impose lawes upon themselves , for the availe of their owne soules , they standing to god accountable for the same , according to the greatnesse of their owne interest ? and if they are not profitable , there is no obedience due to them , whether priests , or princes make them , and that they be not profitable , is equally doubtfull whether priests , or princes make them . take then lawes to be questionable , as all humane are , and lyable to examination : and being made without common consent , they binde not at all , and being made by common consent , they binde all either to obedience , or to sufferance . it is gods owne law , that such as shall except against the validity or obliging vertue of common consent , shall die the death : for no peace can ever be in that state where any inconsiderable partie shall not acquiesce in the common statutes of the land . those lawes which heathen emperors made by common consent against christianity , were not wise lawes , but they were lawes , there was no pietie , but there was vigor in them : and doubtlesse the very apostles , which might not lawfully obey them , yet might not lawfully contemne them . two things are objected against the ecclesiasticall power of parliaments . . that it is more due to princes . . to councells , or synods . t is true anciently princes were the only legislatives : the old rule was , quicquid placuerit principii legis habet vigorem . but we must know , that princes had this power by common consent , and doubtlesse till policy was now perfect , and exquisite t was safer for nations to depend upon the arbitrary , unconfined power of princes , then to have their princes hands too far bound up , and restrained , but since lawes have bin invented by common consent , as well to secure subjects from the tyranny of their owne lords , as from private injuries amongst themselves : and those common wealths which have left most scope to princes in doing of good offices , and the least in doing acts of oppression , are the wisest but ever this golden axiome is to bee of all received : that that is the most politicke prerogative which is the best , but not the most limited . but this objection makes for parliaments , for whatsoever power was vested before in princes and their councells , the same now remaining in princes and the best , and highest of all counsells , viz. parliaments counsells , also and synods , are as improperly urged against parliaments , for counsells and synods did not at first clayme any right , or in dependent power , they were only called by the secular magistrate , as ecclesiasticall courtes for the composing of cissention in the church , and they were as meere assistants , called ad consilium , not ad consensum . in yeares after the establishment of christians , religion , from the first to the seventh constantine there were but fixe generall counsells called , and those in disputes of a high nature : all other lawes were establisht without oecumeniall counsells , by the private instruction of such clergie-men as emperors best liked . the truth is , no universall counsell ever was at all , because there never yet was any universall monarch , or pope , whose power was large enough to call the whole world : but princes to the utmost of their bounds , did in that space of time congregate bishops out of all their dominions in those sixe cases ▪ and yet we do not finde that those sixe counsels , though they have more reverence , yet claymed more power than any other nationall synod . without question no lesse power than the emperors could have bin sufficient to cite , and draw together so great a body , or to order them being met , or to continue their mee●ing , and no lesse power could animate their decrees with universall binding vertue , then the same , that so convened them . but it is sufficient , that counsels have erred , and that appeales have been brought against them , and that redresse hath beene made by emperors in other counsels called for that purpose : for this takes away from them that they are either supreme , or sole , or infallible judges of religion : and this being taken away they cannot be pretended to have any over-ruling superiority , or priviledge above parliaments . the assistance of counsels , and synods scarce any opposes , so that they be not indeed with an obliging , legislative force above parliaments , or preferred in power above common consent , which is the soule of all policy and power , and that which preserves all churches and states from utter ruine , and confusion : and this no wise man can agree too . so much of the first act of power in passing , and promulgating of law ; i now come to the second : in giving judgment according to those lawes . but little need here be said , for if we did yeeld clergie-men to be the most skilfull and knowing iudges in all matter of doctrine and discipline , this is no argument at all , for their supremacy , or independency , neither can any difference be shewed why subordinate power in ecclesiasticall judgments should not be as effectual , and justifiable , as in temporall , and it is sufficiently cleered that poly coirany is not to bee received in any church or kingdome : and therefore i haste to the third act of power which consists in using compulsory meanes for procuring obedience . if priests had any such spirituall sword , as they pretend , vertuous and efficacious enough to inflict ghostly paines upon such as disobey them , doubtlesse it would reform as well as confound , and procure obedience , as well as chastise disobedience : and then it would as much advance thei● empire , as the temporall sword doth the princes . doubtlesse it would have some sensible efficacy , and worke to good ends , and men would not nor could not chuse but bow , and submit themselves under it , but now a spirituall sword is pretended , whilst the gaining of a temporall sword is intended , and nothing is more plaine to be seene . it s not to be wondered at therefore if the people feare not any binding power , where they see no loosing , nor regard the shutting of those keyes , which cannot open : nor tremble at that thunder , and lightning which is accompanied with no perceiveable vertue of warmth and moysture , to open and refresh , as well as to breake , and burne . but i have touched upon this already , and so i now leave it . the next argument is taken from the iewish policy , for they suppose that the iewish priest-hood was independent in spiritualibus , and they suppose that the spirituall knowledge and ability of the priests and levites was the ground of this independency . here we say first that there are diverse reasons why more power and preeminence was requisite amongst the iewish priests than is now . bilson gives foure differences , and i shall add two more : for first the priests , and levites were then a great body , they were a twelfth part of israel , and had many cities and their territories wherein they lived a part from other tribes , and in those cities and precincts a civill rule was as necessary as els where and that rule could not be administred without inequality , and power , and in this they much differed from our ministers . secondly , priests , and levites were then the onely studied booke-men and schollers of that nation , learning was at a low ebbe , the judiciall as well as the ceremoniall lawes were scarce knowne , or reade by any but that tribe : and in this the state of our times is farre different . thirdly , the priests and levites had then a naturall command and signiory in their owne families , over their owne descendents wheras now no such superiority can have place amongst our clergie-men . fourthly , the priests and levites had then offices of a different nature , some of them were more easie , as to superintend , &c. others more toylesome , as to sacrifice , &c. some more holy , as to offer incense , &c. others more meane , as to slaughter beasts , &c. and so different orders were accordingly appointed , but no such difference of service is amongst our priests in our churches . i shall adde also fifthly , that there were then many ceremonies , and types , and rites of worship , about which many differences might arise hardly to be decided without some appointed iudges , whereas now the abolition of those externall rudiments , and clogs hath discharged us of all such questions , and scruples in the church . and sixthly the whole forme of religious worship was then externally more majesticall , and dreadfull , and it was convenient that some correspondence should bee in pomp , and splendor between the persons which did officiate , and the places wherein they did officiate . as there was a sanctum more inaccessible than the outer court , and a propitiatory more reverend than either , and as some altars , and sacrifices were more solemne , and venerable than others : so it was fit that persons should bee qualified accordingly with extraordinary honor , and priviledge but this reason now ceases amongst us . there was no inherent holines in that temple more than is in ours , nor no more internall excellence in those priests , than in ours : and yet we see an externall splendour was than thought fit for those times , which our saviour did not seeme to countenance in his church . the same glittering garments are not now usefull for our priests , nor the same sanctimonious forbearance , and distance due to our chancels ; and for ought we know all other grandour , and lustre of riches , power , and honour falls under the same reason , but in the next place our answer is , that notwithstanding all these differences which may much more plead for power and preeminence amongst the iewes , than amongst us , yet we do allow to our clergy more power , and preeminence than was knowne amongst the iewes . there is no colour in scripture that there were so many ecclesiasticall courts in iudea , so thronged with sutors , so pestred with officers , so choaked up with causes of all kinds , as matrimoniall , testimentary , and many the like : there is no colour , that in so many severall divisions of the land , besides , ordinary tithes , and indowments , they had any ecclesiasticall lords to injoy so many severall castles , palaces , parkes , manors , &c. they had one miter , we have many . they had one priest richly attired , but with ornaments that were left for the use of successive generations , we have many , whose bravery is perpetually fresh , and various . alexander might perhaps wonder at the sumptuous habit of one of aarons successors , but if salomon himselfe should see the majesticall equipage of diverse of our arch-bishops , or cardinals , as they passe from one tribunall to an other ; he would think his own religion simple , and naked to ours . besides though the iewes had but one high-priest , in whom was concerned all the state and glory of their clergie , yet he also was so farre from clayming any independent power , that in the most awfull of religious affaires , as consulting with god , receiving the law , building and dedicating the temple , ordering , and reforming priests , and their services , making lawes , and superintending all holy persons , places , and things , in all these things hee was inferior to the prince , not so much as executing the same by subordination . that scotch gentleman therefore , which undertakes to prove the independent , unalterable jurisdiction of bishops , as it s now injoyd , and accounted divine in england , both from the law and the gospell , is as much to be applauded for his confidence , as for his wit . one argument more is brought by some papists , to the same purpose , but it is scarce worth repetition . they say , ieremy was but a meane prophet , yet it s written of him , that he was appointed over nations and kingdomes , to pull up , to beate downe , to despise , &c. and they inferre that what a prophet might doe , a fortiori a priest may doe . but this is not literally spoken as true of ieremies own exployts ; the prophet was here gods instrument to foretell , and proclaime them , but god had other instruments to execute them , and those instruments in probability were princes , not prophets , nor priests . princes , prophets , and priests , may all be instruments of god in the same service , yet not all serve alike honourably : for wee must looke further sometimes than into the meere names of things , because some names of service import the nature of command , and some names of command import the nature of service . the word , nurse , expresses something of service , but more of power , and this is fitly applyed sometimes to princes , for the office of princes is to serve those who are subject to their power . on the other side , the word , guide , expresses somthing of power , but more of service , and this may be fitly applyed to priests and prophets , for their skill may make them serviceable in somethings to those which in others are served by them . but i conclude these two first points , that there is no priviledge either of sanctity or knowledge which can exalt priests , above princes , or intitle them to that spirituall regiment in the church , which they would faine pretend to . further at this time i have not leasure to proceed , i must now leave this already spoken , and all that which naturally will result from it , to the iudicious . finis . some few observations upon his majesties late answer to the declaration or remonstance of the lords and commons of the of may, parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no or : ) some few observations upon his majesties late answer to the declaration or remonstance of the lords and commons of the of may, parker, henry, - . p. s.n., [london : ] caption title. attributed to henry parker. cf. blc. item at : incorrectly labelled p in reel guide. reproduction of originals in thomason collection, british library and duke university library, durham, n.c. eng england and wales. -- sovereign ( - : charles i). -- his majesties answer to a book entituled, the declaration of the lords and commons of may. great britain -- history -- charles i, - . a r (wing p ). civilwar no some few observations upon his majesties late answer to the declaration, or remonstance of the lords and commons of the . of may, . parker, henry c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - rachel losh sampled and proofread - rachel losh text and markup reviewed and edited - pfs batch review (qc) and xml conversion some few observations upon his majesties late answer to the declaration , or remonstance of the lords and commons of the . of may , . pag. . or of following the advise of our councell of scotland . our case is not as scotlands was in all points , though in many it be very like , for our malignant party here is far greater and stronger , and more inraged against us , by their owne greatnesse , and more animated by our weaknesse . yet we desire but the same satisfaction which scotland had , without so much reluctance given them by the king . for their militia , and all other subordinate power in that kingdome , is setled in such hands as are publikely confided in , and yet this is utterly denyed us . and our holding hull is not like their holding newcastle , yet their honour is saved , whilst we are called unpararalel'd traitors , and they are restored to all demanded rights and securances , whilst we are charged of unpardonable rebellion , and satisfaction is not offered to us , but required from us , in the most approbrious language that can be , yet still we will not refuse the councell of the scots lords , in yeelding to a pacification , nor depart from the example of them , in the manner of securing the same . pag. . that we should fancy and create dangers to our selfe . we have little cause to think that the same malignant party which hath shed so much protestant blood in ireland , and about the same time plotted a villanous massacre in edenborough , hath been supinely snorting in england all this parliament , since their vigilance is more concerned here , then in either of these kingdomes ; and since they have advantages to doe mischifes in england , far greater than in scotland , and almost as great as in ireland , and for the plots themselves , divers of them have not been invisible , and yet if the king had not concealed , and did not yet conceale , some passages ( as being below him ) they had been more visible ; but iealousie in such cases is not unpolitique , and the lesse iealous the king is , the more we have cause to be so : ireland a few dayes before its ruine , had lesse ground of feare then we have had ; some of our treasons here have not been planted in traines and mines , so deep and dark , nor so much resembled the cockatrice eye , as that of ireland , and if the king be not privy to the plots , yet as long as the plotters having aymes beyond him , plow with his heifer , and act by his power , our condition is the more desperate and remedilesse , and since the king cannot see into the breasts of those his followers , whom we suspect , hee ought not so far to despise the publique iealousies of whole nations , or the distractions or insecurity of such considerable multitudes as he doth ; but the king appeales to gods all-searching eye , and we doe the same , imploring of him to be the more vindicative in this case , the more destitute ▪ we all are of any other recourse or redresse upon earth . pag. . wherein they usurp the word parliament . the king frequently vowes to maintaine parliaments in their priviledges , yet his papers many wayes derogate from them ; for first if hee please to sever himselfe , those great councels are not to bee named parliaments . secondly , whatsoever name is due , the vertue of publique representation is denyed them , they are not to bee lookt upon as the whole kingdome , and this is destructive to the essence of parliaments . thirdly , if the concurrence of both houses , nullo contradicente , be of some sanctity and authority , yet the maior part of both houses is not so vigorous as the totall , and here is another devise to frustrate all parliaments . fourthly , if the maiority shall binde , and the minority acquiesce therein , yet if it bee obiected that some few factious spirits mislead and befoole the majority , all is void , parliaments thus are made ridiculous assemblies , and all justice at the last resort is to be expected from the kings sole breast , or else no where ; for if the king will withdraw himselfe , all courts as well as parliaments are thus defeated and disabled , and then if the king assumes not sole power to himselfe , all government is expired , and no way is left for the kingdome to preserve it selfe , and what can be more unnaturall ? in policy then , if wee are growne weaty of parliaments , and will dissolve them into nothing , we ought to erect some other court above them , or in their stead , or else to resigne all into the kings sole boundlesse discretion , for any forme of rule is better then none at all ; and before we demolish old structures , we ought to be advised of the fashions of new . pag. . and whose advise we are resolved to follow . but what if the major and better part of the privy councell concurre with the king , if parliaments must down , that rule is better then anarchy ; but hitherto neither both houses , nor the judges , nor the lords of the councell have concurred , but if the concurrence of parliaments be not necessary , how can any other seeme but unnecessary , and at meere discretion , hath not the king the same right to shake off inferiour councels , as that which is supreame , or shall he have cause to confide in the knowledge of lesse honourable courts , more then of that which is the quintessence of all his subiects , which is indeed the very throne it selfe whereon he sits so sure , and whose consent and councell is that very diadem which inriches his temples , and that mace which armes his hands ; who would have thought in time of parliament to have heard the name of privy councellor cited to the lessening of parliaments , yet here nothing but the very name too is cited , nor no compsiance promised but arbitrary ; so many wayes are parliaments blowne away like bubbles , yet none is so much insisted on , as that which seemes most incredible , that master pym , and foure or five of his consorts should besot and stupifie two or three hundred gentlemen chosen out of the flow●e of the kingdome , when as the king hath in parliament some spirits as mercuriall , and heads as watchfull , and hearts as resolute , without some extreamly violent magicke , may seeme incredible , nay , were it certaine that master pym were the greatest nigromancer living , and the deepest read in black infernall arts , i should hardly trust the efficacy of his spells in such expedients . pag. . that those rebels publiquely threaten the rooting out of the name of the english . that the irish rebels by their successe are now intentive to roote out the english , is probable , but their first ayme and cause of commotion might be some other more particular inducement , for the english government was long before in the same manner irksome to them as now , but some other invitation now happened of shaking it off , and not before . ibidem . as they have invaded that power of ours over the militia . the question is not to be put indefinitely , whether or no the king ought to order the militia in times of no extraordinary danger ; our case is now upon supposition , if the king in extraordinary danger will not yeeld to such a posture as the kingdome thinkes most safe , whether the parliament may not order that posture of themselves , so the parliament puts it . but the king puts it thus . if the parliament invades his power over the militia causelesly , whether they may not as well seize any subiects estates . that question then which must decide all , is this , whether that posture which the parliament chuses , or that of the kings , be most safe for the kingdome at this time , and who shall iudge thereof most properly . till now that the ancient pillars of law , and policy were taken away , and the state set upon a new basis , no evill was to be presumed of the representative body of the kingdome , nor no justice expected from a king deserting his grand councell , but now every man may arraign parliaments , & they which understand no reason , must have reason , not authority to rely upon ; no king was ever yet so just but that parliaments have in some things reduced them from error , nor no kings so unjust that parliaments did seduce into errour , yet parliaments are now charged of being enemies to religion , laws , liberties . and the king to preserve these , absents himselfe from parliaments , but since we must dispute for parliaments ; first we say they must in probabilitie be more knowing then any other privadoes ; secondly , in regard of their publike interest , they are more responsible then any other , and lesse to be complayned of in case of errour . thirdly , they have no private interest to deprave them , nothing can square with the common councell but the common good , and if . of the nobilitie and gentrey should ayme at an aristocraticall usurpation , or any other power of oppression , they could never compasse their ends , it were folly in them . some such objections have beene made against this parliament , but finding little credit , at last some few of the parliament are pitcht upon , as if it were credible that all the kingdome in whose hands all reall naturall power consists would inslave themselves to . or those . voluntarily become slaves to five men . ( good god ) the king is presum'd to have the hearts of the majority , and to bee trampled upon by some few , and yet the magicall incantation is so strong , that neither the kings authoritie , nor the justice of his cause , nor the oppressed commonaltie can prevaile against the parliament , or the parliament it selfe , against such an inconsiderable number in parliament . o that some mercury would reconcile my understanding in this court logick , or give me some clew of thread to disingage me out of this blind labarinth ; but to come more particularly to the militia it selfe , now setled by the parliament , the king excepts against the parliaments ordinance , for two reasons , first because it excludes him for the disposing of it , and secondly from determining it at his pleasure , but we must know that the kingdome trusts the king with armes as it doth with the lawes , and no otherwise , and since the king in person is not most fit alwayes , nor can in all places be present , to execute either military or judiciall offices , therefore the maine execution in both is intrusted to substitutes ; the end of all authority in substitutes is , that the kingdom may be duely and safely served , not that the kings meere fancy may be satisfied , and that end is more likely to be accomplished where the kingdome , then where the king chuses , but whosoever chuses the substitutes , the king is not excluded thereby , for the king hath more cause to confide in men recommended by his highest court , then the people have in men preferred meerely by the king , against the consent of his highest court ; and if it were not so , vet the confidence and assurance of the people , in times of distractions , is more requisite then the kings , but in this new militia , the king is not so much excluded from his generall superintendance , and supreame influence , as he is in subordinate courts of justice , and yet even in the kings bench , where the king in pleas of the crowne may not sit as judge , he may not bee said to be excluded , neither is it any prejudice to the king in the second place , that he cannot determine these new commissions at his pleasure without publik consent , except upon misdemeanour , for though all men naturally desire absolute command , and to be uncontroleable in things that are bad as well as things that are good , yet this is but the exorbitant desire of corrupted nature , and wise men doe not seeke alwayes to satisfie it , but rather to suppresse it . in case of misdemeanor no mans commission shall justifie him agains the king , and where no misdemeanour is , what would the meere power of determining the commission availe the king . for wee see in divers monarchies and free states , some princes which are limited from evill are not the more disabled from good , and if they be sometimes , that nation is perhaps happier , which intrusts princes too little , then that which intrusts them two farre , and yet neverthelesse i desire to see no innovation in our english monarchy , neither if this king shall upon this or that emergent occasion yeeld to some temporall restraint , would i wish to see it perpetuall , except in things onely tending to evill , for example , the king had a prerogative to discontinue and dissolve parliaments at pleasure , and the abuse of this prerogative was the cause of all our late sufferings , but this prerogative being restrayned , what injury is likely to follow eyther to the king or state , for in such restrictions , wch are from greater evills , but from lesse good , the king ought not to be difficult , and in such restrictions which may disable from good , as well as evill , the people ought not to be importunate ; but it is further obiected that by the same power parliaments may disseise both the king and subiects from their estates , as they make ordinances for the militia , but in truth is not this a strange result , the parliament have power to doe good offices by the consent of the people , & therefore they may have power to doe ill offices against the consent both of king and people , it is of dangerous consequence to suppose that parliaments will do any iniustice , it looseth one of the firmest ●inewes of law to admit it ; but to conclude that parliaments can doe such iniustice as may oppresse both king and people , from whom all their power is derived , is unnaturall : and whereas the king claymes an interest in the militia as legall and proper as ours are , in our lands or tenements , we must avoyd mistakes herein ; for in our goods and inheritances we have not so pure and unconditionall a right , but that it is inconsistant with the common right also , and in this respect the kings possessions are not priviledged more then a subiect , for the states proprietie cannot bee excluded out of eyther , the same man also may have severall proprieties in severall things , for that propriety which the king hath in a subiect , is not the same , nor so intire as that which he hath in his horse , for that right which he hath as a prince , is by way of trust , and all trust is commonly limited more for the use of the party trusting , then the partie trusted ; in some cases also there are mutuall proprieties , and so the king ownes us as his subiects , and wee owne him as our king , but that ownership which we have in him as our king , is of a farre more excellent and high nature then that ownership which the king hath in us as his subiects ; that occasionall interest which the scots had in newcastle , or the parliament in hull , did not wholly drowne the kings interest , nor the particular owners , such temporary possessions may sometimes happen without the utter disseisin or dissinherison of each other , and we see in a breach of peace , the constable by force takes my sword from me , and in such manner as hee may not take my cloake , although my interest in my sword is as good as in my cloake , and yet my property in my sword is not altered by that propertie which the officer seises to himselfe ; and doubtlesse had the same arguments beene pressed against disseisin of lesley , as have beene since against sir iohn hotham , they would have beene held much more impertinent then now they are , so much more are wee vilipended and harder treated then other nations are ; let not common sence then bee so much baffled as to make this temporary possession of hull taken by sir john hotham , upon an extraordinary necessity of state so declared by the judgement of parliament , for the preventing of civill warre ; and consequently for the preventing of great dis-service , both to king and state ; the same thing , as the violent intrusion of a private dis-seizor upon the just inheritance of his neighbour : he which confesses , that the king hath a true and perfect interest in the kingdom , doth not deny , that the kingdom hath a more worthy and transcendent interest in it self , and in the king too : this is so far from contradiction , that he is farre from reason , that so conceives it . and he which doth not conceive that that which is the judgement of the major part in parliament , is the sence of the whole parliament ; and that which is the sence of the whole parliament , is the judgement of the whole kingdom ; and that which is the judgement of the whole kingdom , is more vigorous , and sacred , and unquestionable , and further beyond all appeal , then that which is the judgement of the king alone , without all councell , or of the king , with any other inferiour clandestine councell , most raze those rocky foundations , upon which , this state hath been so happily settled , for so many ages now past . as to the impeachment of the fix members of parliament , the king pleads retractation & satisfaction , his retractation is an acknowledgement , that it was a casuall single mistake ; yet in forme only ; for the grounds of his charge when they shall be published , he assures us , will satisfie the world ; but in the mean time , these grounds are kept unpublished , contrary to the desire of the parliament , and the whole kingdom , and till that publication the world remains unsatisfied , nay it is most wonderfull , that so desperate and horrid a plot , as that yet seems to be , should be so long neglected , to the kings vast dis-advantage , and the peoples miserable disquiet , if cleer satisfaction could be so easily given , every man sees , that the charge , if it had not good grounds did stab furiously at the heart of all parliaments , and at all liberties in parliament , but till publication of these grounds be , no man will presume to judge ; yet it is of great concernment to his majesties honour , and the kingdoms peace , that it be not too long delayed . but in the next place , the king conceives , that the parliament hath been injurious to him in vindication of parliament priviledges , and therefore ought to be satisfied ; the parliament still begs for that publication , for nothing else can make them appear to have been injurious ; and till they appear to have been injurious ; they ought not to be condemned as injurious , for de non entibus & de non apparentibus eadem est ratio ; as for the kings coming into the house of commons so armed , till publication of the cause of that coming , the circumstances cannot be duely waighed . by this law the subjects of england might not use any defensive force against an officer in any case , though of the most undoubted priviledges , or rights , by a kinde of after game , he must seek remedy in the future ; but for the present , he is remedilesse , but if this be law , i think every man sees that the english mans liberty , and share in the grand charter , is a thing easily deseasable , for it is as likely , that the king may justifie and protect his ministers , after the execution of unjust commands , as to urge them by undue warrants to the same , and if so , then where is the subjects of england , freedom and patrim●●● ; what is it still but held upon the kings meer courtesie . it s known to the king , who hath incensed him against his parliament , and who have given councell derogatory to the honour , and destructive to the essence of all parliaments , and to the parliament this is utterly unknown ; yet the king desires evidence of these things from the parliament ; nay , though he disavow the sheltring of ill ministers , yet he conceals such as have traduced and slandered the parliament in some things notoriously false ; and yet to an ordinary understanding , it is the same thing to conceal , as to shelter a delinquent ; and if it be below a king to reveal a trayterous incendiary , that hath abused his ear with pernitious calumnies , it is below him too to leave him to justice being otherwayes revealed . he which will not accuse the king for want of zeal against the irish rebels ; yet may truly say , there is not the same zeal exprest , as was against the scots , though the case be farre different , for the scots were protestants , and had been greatly agrieved , and were not imbrued willingly in bloud , and yet the english nation against their wills , were most rigorously hastned , and inforced to arm against them ; but now , when the english nation and scots too , were moved to indignation , and horrour , against the most bloudy perfidious ingratefull villaines in the world ; their proffered supplyes are retarded , and opportunities are neglected , and nice exceptions framed , and the cursed reproaches of the rebels themselves , calling the parliament disloyall and traytors , are countenanced and seconded . the depositions taken concerning bringing up of the army , do not evince beyond all doubt , that any such agitation was with the kings privity ; but according to humane judgement , which do not alwayes proceed upon certain appearances of things . some such things were in agitation , and some presumption there is of the kings privity , and if in other cases such presumptions as these do not alwayes passe , for good and strong proofs ; yet i in my experience , did never here before , that they were rejected as light discourses , though the king now contemn them so ; neither is the meer miscarriage of the plot without the prevention of the parliament , any good argument that no such plot was , for so the irish may be excused in all those places , which they failed to surprise , for treason were no treason , if it were not more obscure and hard to be discovered , and that as well by the ill as good successe of it . as for those tumults about westminster , how farre the londoners were ingaged in them , offensively , and defensively , and how farre the souldiers which were entertained at whiteball , were raisers of them , and how farre theeves , and boutifures intermingled themselves for rapines sake , rests yet in judgement ; and i conceive the parliament is as desirous to have justice seasonably done therein , as the king ; but sure , the english nation , nor the city , nor the parliament , cannot be suspected of having any intent to raise arms against the kings person , or his children : this were a great scandall and unmerited , and if the kings flight was for fear of any cursed assassinates ; for which the english have not been infamous , his ordinary guard had been as safe to him here , as it is at york . here it is supposed , that parliaments may make an ordinance contrary to law , nature , reason , sence ; and it is inferred therefore , that they are dangerous , and may bring the life and liberty of the subject to a lawlesse , and arbitrary subjection ; this supposition is inconsistent with one of the most sacred and venerable pillars of all law and policy ; and yet here it is insisted upon , let all chronicles be searched , and let one story be cited of any parliament , which did tyrannize over king and subiect , or ordain any thing to the mischief of both ; yet kings i think will not make the same challenge , the best of them have done acts of oppression , and the reasons are apparant for it ; but no reasons can be given why parliaments should usurpe , or how they can usurpe ; yet the kings inference runs against all parliaments : he doth not say this parliament tyrannizeth , and therefore he resides from them , and pronounces their votes invalid , but because parliaments may tyrannize ; therefore they have no power in their votes at all , at any time whatsoever , further then the king ratifies them . the parliament sayes not so much ; they say he is now seduced by wicked councell , and therefore rejects their requests , to the danger of the state : in such cases they conceive there is a power in them to secure the state without his concurrence : at other times , when the kings are not seduced , they ought to do nothing without their consent ; for non recurrendum est ad extraordinaria in iis quae fieri possunt per ordinaria : whether this or that doctrine enwraps the greatest danger , let all the world judge . as for seditious preachers and pamphlette●rs , the parliament will not protect any , when greater matters are provided for , the law shall have a free course against them ; and account shall be given by all which have favoured them . in the mean time the parliament only desires , that it may not be put is these times of generall extremity , to intend universall enormities , and in the le●all pursuance thereof be made informers , solicitors , witnesses , and judges , and that they may not be bound to give an account for all misdemeanors , or to remedy all mens abuses in an instant , and not withstanding all opposition , give generall satisfaction to all the world , or aspire to a condition above man . we hold parliaments in england , as the apples of our eyes ; and we know all liberty must stand or fall with them ; and we conceive parliaments were never more endangered ▪ nor by more conspiracies assayled , then they have been since this parliament began : and the persons which possesse the king against them we cannot nominate , but he knows , and favours , and employes them . if he have any councellors which suggest advice to him , as his late papers carry in them , they are the malignant party ; and their study is , that some way may be found out , so to master and quell this parliament , as that is may president future times to do the same . nothing is more visible , then that parliaments are odious to court parasites ; and the same disposition which discontinued them so long , and dismissed them so often , still labours to frustrate and ruinate them for ever . what parties have been framed in the country , in the city , in the parliament it self , in england , in scotland , in ireland , in other nations , to blast this parliament , and to make it scandalous ; and yet we all see they are traytors , they are unheard-of parallel'd traytors : for seeking their own defence , for entertaining any jealousies , or for mentioning any plots : what late change there is in the king , or alienation from the defendors of arbitrary power , is not evident by his papers ; for if they do truely represent him and his councellors to us , we may doubt that parliaments are not gotten into better grace at court , then they were in my lord of straffords time ; and yet it is undoubted , that if we suffer in the rights of parliaments , no other rights can be done us : and as we were better have no parliaments , then parliaments maimed in their priviledges , so we had better have no being at all in england , then no parliaments , the main thing begged by the parliament , is the kings return , and that all subordinate power and honour ( especially during our distractiors ) may be put into mens hands as the generality is assured of : how this should be contrary to his conscience and understanding here , and not in scotland , i do not see ; and yet that which was there reasonable , is here treasonable ; nay , and though we be denyed in it , yet we must not believe cur eyes , for still it is pressed that the parliament has done nothing for the king , and have been denyed nothing from the king , in the least degree necessary to the peace , plenty , and security of the subiect ; and yet in publike matters , conscience , and understanding are not alwayes to be too farre trusted , where we depart from maior-parties , or such who are more to be trusted , then our selves , few cases are in law or policy beyond all dispute and scruple ; and if the king in disputable cases will charge his own apprehension , rather then his other judges and councellors , his brest must prove at last the sole unappealable judge of all things . how the king is to given an account of his royalty here , to his other kingdoms , more then to this ; or how it is beyond the cognizance of parliaments , because he is accountable to god for it ; i apprehend not , subordinate magistrates are also accountable to god , and their power is derived from god , and yet it is not beyond humaine determination , but some courtiers do suggest that all supream dignities are so founded by gods immediate hand alone , as there remains nothing humaine in them , and that publike consent of such , and such nations , as to such and such limits , and conditions is nothing at all requisite ; this is the ground of all arbitary unbounded sway ; for if nations by common consent , can neither set limits , or judge of limits set to soveraignty , but must look upon it as a thing meerly divine , and above al humain consent or comprehension , then all nations are equally slaves , and we in england are borne to no more by the laws of england then the asanine peasants of france are there , whose wooden shoes and canvas breeches sufficiently proclaim , what a blessednesse it is to be borne under a meer divine prerogative ; but i hope that prerogative , in defence of which , the king intends to sacrifice his life , is that which is setled , and bounded by the known laws of the land , and whose surest ▪ basis is the common consent , and whose most honourable end is the common good , and not such a divine prerog●ti●e ; which none understand , but our ghostly councellors , which alwayes expresse sufficient enmity and antipathy to the publike acts and pacts of men : it is generally believed , that these late expressions of the kings had not been so sharp , if there had not been more of the divine , then either of the lawyer or statesman in them ; but god send our schollers more grace to think more honourable of their pulpits , that the church may be more edified , and the state lesse pert●●●ed by them hereafter ; t was heretofore levi and simeon the heads of the main malignants , whose union breeds our disunion , were papists and hierarchists , they now are hierarchists and papists . finis . notes, typically marginal, from the original text notes for div a e- pag. . . that no retractation made by us , nor no actions since that time committed against us , and the laws of the land , under pretence of vindication of priviledges , can satisfie the contriver of that declaration . pag. . such a minister might be punished for executing such authority . pag. . and if such be about us , or any against whom any notorious malicious crime can be proved , if we shelter or protect any such , let our injustice be published to the world . pag , ibid. they have implyed our connivance , as want of zeal against the rebels in ireland . pag. . when with our privity the army was in agitation . pag. . we will have iustice for those tumults . page . where is every mans property , every mans liberty , if a major part of both houses declare , that the law is , that the younger brother shall inherite , what becomes of all the families and estates in the kingdom ▪ pag. . seditious pamphlets and sermons . pag. . that such are continually preferred and countenanced by us , who are friends or favourers , or related unto the chief authors or actors of that arbitrary power heretofore practised and complained of . pag. . vve require no other liberty to our wills , then the meanest of them do , we wish they would alwaies use that liberty , not to consent to any thing evidently contrary to our conscience and understanding : and we have , and shall alwayes give as much estimation and regard to the advice and counsell of both houses page , . the office and dignity of a king , is not within their determinations , and of which we must give an account to god , and our other kingdoms . a political catechism, or, certain questions concerning the government of this land, answered in his majesties own words, taken out of his answer to the propositions, pag. , , , . of the first edition; with some brief observations thereupon. published for the more compleat setling of consciences; particularly of those that have made the late protestation, to maintain the power and priviledges of parliament, when they shall herein see the kings owne interpretation what that power and priviledges are. it is this twentieth day of may, an. dom. . ordered by the committee of the house of commons in parliament concerning printing, that this booke entituled, a politicall catechism, be printed. iohn white. parker, henry, - . this text is an enriched version of the tcp digital transcription a of text in the english short title catalog (thomason e _ a). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p a thomason e _ a this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ a]) a political catechism, or, certain questions concerning the government of this land, answered in his majesties own words, taken out of his answer to the propositions, pag. , , , . of the first edition; with some brief observations thereupon. published for the more compleat setling of consciences; particularly of those that have made the late protestation, to maintain the power and priviledges of parliament, when they shall herein see the kings owne interpretation what that power and priviledges are. it is this twentieth day of may, an. dom. . ordered by the committee of the house of commons in parliament concerning printing, that this booke entituled, a politicall catechism, be printed. iohn white. parker, henry, - . charles i, king of england, - . england and wales. sovereign ( - : charles i) england and wales. parliament. [ ], p. printed for samuel gellibrand, at the brazen serpent in pauls church-yard, london : . two editions are filmed consecutively, both labeled e. [ ]. the first is wing p a, and has an ornamental border enclosing title. the second is wing p , which does not have a border. in this edition, line fifteen of title reads: "herein see the kings owne interpreta-"; title enclosed within an ornamental border. by henry parker -- cf. wing. reproduction of the original in the british library. eng england and wales. -- parliament -- early works to . england and wales. -- sovereign ( - : charles i). -- his maiesties answer to the xix propositions of both houses of parliament. royal supremacy (church of england) -- early works to . great britain -- politics and government -- - -- early works to . a (thomason e _ a). civilwar no a political catechism, or, certain questions concerning the government of this land,: answered in his majesties own words, taken out of his parker, henry d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion a political catechism , or , certain questions concerning the government of this land , answered in his majesties own words , taken out of his answer to the propositions , pag. , , , . of the first edition ; with some brief observations thereupon . published for the more compleat setling of consciences ; particularly of those that have made the late protestation , to maintain the power and priviledges of parliament , when they shall herein see the kings owne interpretation what that power and priviledges are . we can do nothing against the truth , but for the truth . cor. . . it is this twentieth day of may , an. dom. . ordered by the committee of the house of commons-in parliament concerning printing , that this booke entituled , a politicall catechism , be printed . iohn white . london printed for samuel gellibrand , at the brazen serpent in pauls church-yard , . a politicall catechism , serving to instruct those that have made the protestation concerning the power and priviledges of parliament ; taken out of his majesties answer to the propositions . question . how many simple kinds are there of civill government of states , and common-wealths ? answer . there are three kinds of government among men ; absolute monarchy , aristocracy , and democracy , page , . qu. . are there any of these simple formes perfect ? ans. all these have their particular conveniences and inconveniences , page . observ. experience hath taught men everywhere to acknowledge this , and accordingly there never was long ( if at all ) continued any of these forms exactly simple ; though some have more seemed such then others . also in all mixtures there is commonly some one of these forms more conspicuous then the rest , from whence such a particular government hath its denomination . q. . is the state of england governed by any one of these kinds simply ? a. the experience and wisdom of your ancestors hath . moulded this [ government ] out of a mixture of these . page , q. what kind of government then is that of the state of england ? a. regulated monarchy . page . observ. . if this government be a mixture of all these , and a regulated monarchy ; then it is a fond thing with us to talk of an absolute monarchy , and what an absolute monarch is , or may doe . and it is only the language of flattery that holds such discourses . it need not be counted a solecisme ( as some would perswade us ) to speak of free subjects in a monarchy , such a monarchy as ours is . if this government be a mixture of all three , then the house of commons , the representative body of the people , must needs be allowed a share in government ( some at least ) which yet is denyed , page . if this government be a mixture , then is not the government according to these lawes , solely trusted to the king , as seems to be affirmed page . if the government be regulated , why do men tell us that the king is above all law ? for it is by lawes that he is regulated . if the king bee regulated by the law , then is the king accountable to the law , and not to god only , as men would make us beleeve . if the monarchy or regall authority it selfe bee regulated , then whatsoever is done by the king , undeniably without and beyond the limits of that regulation , is not regall authority . and therefore . to resist the notorious transgressions of that regulation , is no resisting of regall authority . and it is so farre from being a resisting of the ordinance of god , that it is not so much as resisting the ordinance of man . q . by whom was this government framed in this sort ? or who is to be accounted the immediate efficient of the constitution thereof ? a. the experience and wisdom of your ancestors hath so moulded this , page . observ. . if our ancestors were the moulders of this government , then the king hath not his power , solely , or immediately , by divine right . much lesse hath he his power or authority by right of conquest . but the immediate originall of it was from the people . and if so , then — in questioned cases , the king is to produce his grant ( for he hath no more then what was granted ) and not the people to shew a reservation ; for all is presumed to be reserved , which cannot be proved to be granted away . q. is this regulated and mixt monarchy , as good as an absolute monarchy , or better , or worse ? a. this excellent constitution of this kingdom , ( the ancient , equall , happy , well-poysed , and never enough commended constitution of the government of this kingdom . page . ) hath made this nation so many years both famous and happy , and to a great degree of envy . page . q. how comes it to passe that this constitution is so excellent . a. the experience and wisdom of your ancestors hath so moulded this , out of a mixture of these , as to give to this kingdom ( as farre as humane prudence can provide ) the conveniences of all three , without the inconvenience of any one p. observ. . then those that would place in the king , an absolute and abitrary power to do what he list , are destructive to the nations happinesse , and enemies to the kingdom . . if this mixture cause this happinesse , then it is not the greatnesse of the kings power over his people , but the restraint of that power that hath made this kingdom famous and happy ; for other kings have power as large , but not so much restrained ; which largenesse of their power hath raised those kings indeed , ( but not their kingdoms ) to a great degree of envy . . hence we discern , that it is possible for kings to envy their peoples happinesse , because the largenesse of the peoples happinesse depends much upon the restraint of the kings exorbitant power . . if this mixture and well-poised constitution have raised this kingdom to so great a degree of envy , no marvell if iesuiticall councells be active to overthrow this happy constitution . q. what is the conveniency or good of monarchy ? a. the vniting of a nation under one head , to resist invasion from abroad , and insurrection at home . page . obs. . what pernicious councellours are they then to a monarch that advise him to bring in from abroad german horse , or an irish army , or a fleet of danes to invade this kingdom ; or to imploy dunkeirk ships to seaze upon his merchants , which is so formally contrary to the proper good or end of monarchy it self ? . or are they better or worse that advise him to authorize , or even permit any in his name to plunder , rob , spoil ▪ imprison any of his subjects , whom they have found peaceably in their houses , or at work in the fields , and have not disobeyed any legall command of his ? q. what is the ill of absolute monarchy ? or the inconvenience to which it is lyable ? a. the ill of absolute monarchy , is tyranny . page . obs. . therefore the more absolute a monarch is , the more prone to be a tyrant . . therfore also it is safer to restrain the king of some power to do us good then to grant him too much opportunity to do us hurt ; and the danger is greater to the people in englarging the kings power , then in restraining it somewhat . q. what is the good or conveniency of aristocracy ? a. the good of aristocracy is the coniunction of councells in the ablest persons of a state for publike benefit . page obs. ● . then surely it is for the publike benefit of the state , that this conjunction of councells in parliament should be made use of more then once in thirteen or fourteen years ; and the law for a trienniall parliament ( if there were not others before for the holding of a parliament yearly ) was a most necessary law , as also that it should not be dissolved for fifty dayes . . it was not then intended in the constitution of this government , that the king in the greatest matters of importance for publike benefit , should only hear what they say , and then follow it or reject it meerly at his owne pleasure ; for this may be as well done in an absolute monarchy . . neither is it agreeable to the constitution of this kingdom , to withdraw the king from affording his presence to his great councell of state , that so the private counsels of private men may be preferred before those whom the law and the constitution of the kingdom ▪ counts the ablest to iudge of publike benefit . q. what is the ill of aristocracy , or the inconvenience to which it is lyable ? a. the ill of aristocracy is faction and division . page . . obs. what shall we say then to those private councellors that have abused the king , by perswading him first to withdraw himself from his parliament , and then to call away the members of both houses , when yet without the consent of both houses this parliament cannot be adjourned to another place , much lesse dissolved ? yet if all would have come away at call , had it not been dissolved for want of legall numbers remaining ? and what greater faction or division can there be , then such as divide between king and parliament , and between the house and their members ? are not they most pernicious instruments , that make monarchie it self , ( whose end is to unite as was said before ) thus far guilty of faction and division ? q. what is the good , or convenience of democracy ? a. the good of democracy is liberty , and the courage and industry which liberty begets page . obs. . then the more liberties are encroached upon , the more the people will be rendred cowardly and poor , as may be plain enough seen by comparing the valour and riches of this nation in q. elizabeths dayes , with what hath been of late dayes . . the king himself , when once his subjects by having lost their liberties shall lose withall their courages , will prove the greatest looser ; for then his kingdom will be an easie prey to any forrain invader , or even to a home-bred usurper , that could gather any sudden strength , and would promise more libertie . q. what is the ill of democracy , or the inoonvenience to which it is lyable ? a. the ills of democracy are tumults , violence , and licentiousnesse . page . obs. if these be the evils for which the peoples liberty ought to be restrained by the mixture in this government , then the restraint of the liberty should be measured according to the exigency of these evils , and so much liberty need onely be restrained as is sufficient for the prevention of these evils . q. what is the mixture of this kingdom , which gives it the conveniences of all the three forementioned kinds of government , without the inconveniences of any one . a. in this kingdom the lawes are ioyntly made by a king , by a house of peeres , and by a house of commons chosen by the people : all having free votes , and particular priviledges . page . obs. . whereas there hath been great question made by many what is meant by the power and priviledges of parliament , mentioned in the protestation , which hath been so generally made thorowout the kingdom ? there is no reason to doubt but those things which the king grants afterward , to be the particular priviledge of each house , and of both , are their certain priviledges according to law , and the constitution of the kingdom ; and to the maintaining of them every one that hath made the protestation is most strictly bound , without peradventure or shift . . that the priviledges which the king challenges to himself , are to be yeelded to , onely so far forth as they are consistent with the acknowledged priviledges of the two houses ; because the monarchy being acknowledged to be a regulated monarchy , and the government mixt of aristocracy and democracy , as well a monarchy ; it is the priviledges of the two houses of parliament that makes the mixture , and so they must regulate and interpret the priviledges of the king , and not the priviledges of the king regulate or interpret theirs , save onely to the maintaining still the regall dignitie , and the succession according to laws . q. what priviledges doth the king chalenge to himself ? a. the government according to these lawes is trusted to the king : power of treaties of warre and peace , of making peeres , of choosing officers , and councellors for state iudges for law , commanders for forts and castles ; giving commissions for raising men to make warre abroad , or to preuent or prouide against inuasions and insurr●ctions at home ▪ benefit of confiscations , power of pardouing , and some other of like kind are placed in the king . page . obs. . that all these are ordinarily in the king , experience and custom teaches , even those that know not the law by reading ; but by what hath been noted before , and follows after , it is to be understood only so , as not to prejudice the priviledges of the houses of parliament , specially in cases of necessitie , ( of which hereafter . ) also — . it is acknowledged here , that the government , trusted , is to be according to the lawes , and so all these things are not absolutely in the king ; as for instance , pardons , the law denies power of pardoning wilfull murther ; and benefit of some confiscations belongs to some private lords of mannours . . if government onely according to law be trusted to the king then to resist notorious illegall violences is not to resist the kings authority . q. for what end is this authority trusted to the king , and placed in him ? a. for our subiects sake these rights are vested in us p the prince may not make use of this high and perpetuall power to the hurt of those for whose good he hath it . page . . obs. . then the good of the subjects is ever to be preferred before the monarchiall greatnesse of the king ( the end is ever more considerable then the means ) salus populi is suprema lex . . whosoever counsels the king to any thing against the good of his subjects , is the kings enemy as well as the common-wealths , by attempting to turn him from that which is the end of his authoritie . q. to what purpose especially are the priviledges of the house of commons and the house of peeres ? a. that the prince may not make use of this high and perpetuall power to the hurt of those for whose good he hath it : and make use of the name of publike necessity for the gain of his priuate fauourites and followers &c. page . obs. . the law then supposes , that such cases may fall out , though it then charge the blame upon those favorites and followers , and not upon the king ( as we shall see by and by . ) . we need not wonder then why private favorites and followers are such enemies to parliaments and their priviledges , which are on purpose to hinder their gains : of which also more anon . . the two houses are by the law it seems , to be trusted , when they declare , that the power is made use of for the hurt of the people ; and the name of publike necessitie made use of for the gain of private favorites and followers , and the like . q what are the speciall priviledges of the house of commons towards this ? a. the house of comm●ns , an excellent conseruer of liberty — is solely intrusted with the first propositions concerning the leauies of moneys which is the sinnews as well of peace as of warre &c page obs. . it seems then the house of commons is presumed to be more carefull for the subjects liberties , then either the king , or the house of peers . . then it must needs be strange for any to conceive ( as the kings declarations would perswade ) that the house of commons would fight against and subvert the libertie and propriety of the subject , and the kings favorites and followers fight for them , and protect them . . then no moneys may be levyed , neither for peace nor warre , no not under pretence of publike necessity , ( as ship-money and monopolies were ) without the house of commons first propound and grant it . . if the house of commons be an excellent conserver of libertie , it must needs have some power in some cases to levie mony even without the kings consent ; or else it will be utterly unpossible to conserve libertie at all . of which likewise more anon . q. . but if the kings private favorites and followers have ●ctually perswaded him to any thing against the laws and liberties of the subject with what further power and priviledge is the house of commons intrusted toward the conserving of liberty ? a. with the impeaching of those ▪ who for their own ends though countenanced by any surreptitiously-gotten command of the king , haue violated that law , which he is bound ( when he knowes it ) to protect ; and to the protection of which they were bound to aduise him , at least not to serue him in the contrary . page . obs. . then it is no excuse to any that violate the laws , that they serve the king in it . . the law counts all commands from the king , which are any way contrary to the law , surreptitiously-gotten . . then the parliament speaks according to the law , when they constantly lay the blame of all violations upon the kings favorites and followers , and their getting surreptitiously commands from him , and not upon the king himself . . no command of the king is to hinder the commons from impreaching such as have violated the law . . the king is bound not to protect any of his followers and favorites against the commons impeachment of them ; because he knows and affirms , that he is bound to protect the laws , and that this is the law , that the commons are to impeach such . qu. . what is the speciall priviledge of the house of peers in the former case of such favorites and followers of the kings as are impeached by the commons ? and so to decide all matters in questions between the king and the people . a. the lords being trusted with a iudicatory power are an excellent screen and bank between the prince and the people , to ass●st●nch against any encroachments of the other , and by iust iudgments to preserue that law which ought to be the rule of euery one of the three , page . qu. . but have the two houses power to put their judgements into execution , as well as to impeach and iudge ? a. the power of punishment is already in your hands according to law , page . obs. . then again it is no wonder that the kings favorites and followers hate parliaments , ( who not onely hinder their gain , but have power to punish them ) when they have violated the laws . . then the lords ( and much more the two houses together ) are supreme judges of all matters in difference between the king and the people , and have power to prevent all the kings encroachments upon the people , as well as the peoples upon him . . then the king is bound not to protect any whom the lords upon the impeachment of the commons , have judged delinquents ; for he hath granted that he is bound to protect the law , and that according to law the power of punishing ( even of his favourites and followers , 'fore spoken of ) is in their hands , and they cannot punish them , so long as he protects them . . then the law allows them as the supreme judicatory ( even th●t which must be a skreen between the king and the people , and assist the people against the kings encroachments , and punish the kings favorites and followers , though countenanced by surreptitiously-gotten commands from the king ) a power to bring such as they have judged , ( or are to judge ) to condign punishment , which is granted to all inferiour judges in their circuits and iurisdictions . . then if those delinquents get the king to protect them , or surreptiously get commands of him , to raise arms to shelter themselves against the iudgement of the two houses ; the two houses have power by the law to raise not onely the posse comitatus of those counties where such delinquents are ▪ to apprehend them ; but also the posse regni , the power of the whole kingdom if need be ; or else the power of punishment is not in their hands according to law , and it would be safer contemning and scorning and opposing the highest iudicatory , the parliament , then any inferiour court , a judge of assize , or the like : and they that could get commands to violate the law before , would easily get protection against the parliament when they are questioned , if the parliament had no power to raise arms to suppresse them . qu. . but if there be an attempt or danger , that the kings favorites and followers go about to change this regulated monarchy into an arbitrary government , and so into a tyrannie , is there authoritie in the houses sufficient according to what was sore mentioned to remedy this ? a. power legally placed in both houses is more then sufficient to preuent and restrain the power of tyrannie p. . obs. . then at least what ever power is necessary to prevent or restrain the power of tyrannie is confessed to be legally placed in both houses ; for else there is not power sufficient , much lesse , more then sufficient . . then it is lawfull for the two houses to raise arms to defend themselves in case an army be raised against them , for else they have not power sufficient to restrain the power of tyrannie : there is no greater attempt of tyrannie then to raise arms against the houses of parliament , and there is no way to restrain this tyrannie , but by raising arms in their own defence : lesse then this cannot be sufficient . . if a legall power be placed in them , not onely to restrain , but prevent the power of tyrannie , then they are the legall iudges , when there is danger of tyrannie ; and they have legall power to command their judgement to be obeyed , for preventions as well as restraint of tyrannie . . then it is lawfull for them to provide for their own and the kingdoms safetie , and they have legall power to command the people to this purpose ; not onely when arms are actually raised against them , but when they discern , and accordingly declare a preparation made towards it : for if they let alone altogether the exercise of their power , till arms are actually raised against them ; they may in all likelihood finde it too late , not onely to prevent , but even to restrain the power of tyrannie . . then they have legall power in such times of danger , to put into safe hands , such forts , ports , magazines , ships , and power of the militia , as are intended , or likely to be intended , to introduce a tyranny ; for else they cannot have power sufficient to prevent or restrain the power of tyrannie . . then they have legall power to levie moneys , arms , horse , ammunitions , upon the subjects , in such cases of danger , even without or against the kings consent ; for it cannot be imagined that in such cases when the kings favourites and followers have gotten commands from him , to protect them in their delinquencies , and attempts to introduce tyrannie , that ever he will consent to ●evies of moneys against those favourites and fol●owers of his , or to the raising arms against them , specially he being still in their hands , and among them , and not with his parliament ; and without such levies of moneys , &c. it is not possible for the two houses of parliament to prevent or restraine sufficiently the power of tyrannie . they that have made the protestation , to maintain and defend the power and priviledges of parliament , may see in all these things ( acknowledged by the king , and clearly following from his acknowledgements ) what is that power , and what are priviledges of parliament , which they have so solemnly in the presence of almighty god vowed , promised and protested to maintain , &c. . and finally , since the two houses of parliament have so often and fully declared their intentions in settling the militia , securing hull and the magazine there , and the navie at sea , with the ports and forts , and afterward in raising arms under the command of the earl of essex , and last of all , levying moneys by voluntary contibutions and assessements ; they have onely used that legall power which is in them for the punishment of delinquents , and for the prevention and restraint of the power of tyrannie , of all which they are the legall judges ; and all the subjects of this kingdom are bound by the laws to obey them herein , and those doubly bound that have made the late protestation . that the reader may the better discern how the answers here applied do agree with the words of his majesties answer to the propositions , i have here transcribed so much of it as concerns this particular . page . we call god to witnesse , that as for our subiects sake these rights are vested in vs , so for their sakes as well as for our own ) we are resolued not to quit them nor to subuert ( though in a parliamentary way ) the ancient , equall , happy well-poysed , and neuer-enough-commended constitution of the gouernment of this kingdom . there being three kinds of gouernment amongst men absolute monarchy , aristocracy , and democracy , and all these hauing their particular conveniences and inconveniences . page . the experience and wisdom of your ancestors hath so moulded this out of a mixture of these , as to giue to this kingdom ( as farre as humane prudence can prouide ) the conveniences of all three , without the inconveniences of any one , as long as the ballance hangs euen between the three estates ▪ and they run ioyntly on in their proper channell begetting verdure and fert●lity in the meadows on both sides ) and the ouer-flowing of either on either side , raise no deluge or inundation . the ill of absolute monarc●y is tyranny , the ill of aristocracy is faction and diuision , the ills of democracy are tumults , violence , and licent●ousnesse : the good of monarchy is the vniting a nation under one head , to resist inuasion from abroad , and insurrection at home : the good of aristocracy is the coniunction of councell in the ablest persons of a state for the publike benefit : the good of democracy is liberty , and the courage and industry which liberty begets . in this kingdom the laws are iointly made by a king , by a house of peeres , and by a house of commons chosen by the people , all hauing free votes and particular priviledges . the gouernment according to these laws is trusted to the king , power of treaties of war & peace , of making peeres , of chusing officers & counsellours for state iudges for law , cōmanders for forts & castles giving cōmissions for raising men to make war abroad , or to preuent & provide against invasions or insurrections at home , benefit of consiscations , power of pardoning ▪ & some more of the like kinde are placed in the king . — again , page . that the prince may not make use of this high and pertetuall power to the hurt of those for whose good he hath it , and make use of the name of publike necessity for the gain of his priuate fauorites and followers to the detriment of his people ; the house of commons an excellent conseruer of liberty ▪ but neuer intended for any share in gouernment , or the chusing of them that should gouern ) is solely intrusted with the first propositions concerning the leauies of moneys ( which is the sinews as wel of peace as warre , and the unpeaching of those who for their own ends , though countenanced by any surreptitiously-gotten cōmand of the king , haue violated that law , which he is bound ( when he knows it ) to protect , & to the protection of which they were bound to aduise him , at least not to serve him to the contrary : & the lords being trusted with a iudicatory power , are an excellent screen and bank between the prince and people , to assist each against any incroachments of the other , and by iust iudgements to preserue that law which ought to be the rule of euery one of the three . — pag. . since therefore the power legally placed in both houses is more then sufficient to preuent and restrain the power of tyrannie : — since this would be a totall subuersion of the fundamentall laws , and that excellent constitution of this kingdom , which hath made this nation so many years both famous & hapy to a great degree of envy ; since to the power of punishing ( which is already in your hands according to law ) if — since the encroaching of one of these estates upon the power of the other is unhappy in the effects both to them & all the rest — pag. ● . our answer is ▪ nolumus leges angliae mutari . but this we promise , that we will be as carefull of preserving the lawes in what is supposed to concern wholly our subiects , as in what most concerns our self : for indeed we professe to belieue that the preseruation of euery law concerns vs , those of obed●ence being not secure , when those of protection are violated . finis . the vintners answer to some scandalous phamphlets [sic] published as is supposed by richard kilvert and abetted in some points by his brother roger and alderman abel wherein the vintners vindicate their owne reputations to the world for satisfaction of all such as know not the said kilvert wretched and lewed conversation : or have credited his foule impudent defamations suggested against them. parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) the vintners answer to some scandalous phamphlets [sic] published as is supposed by richard kilvert and abetted in some points by his brother roger and alderman abel wherein the vintners vindicate their owne reputations to the world for satisfaction of all such as know not the said kilvert wretched and lewed conversation : or have credited his foule impudent defamations suggested against them. parker, henry, - . [ ], p. [s.n.], london : . attributed to henry parker. cf. blc. reproduction of original in thomason collection, british library. eng abell, william, fl. . kilvert, richard, d. . kilvert, roger. great britain -- history -- charles i, - . a r (wing p ). civilwar no the vintners answer to some scandalous phamphlets [sic] published, (as is supposed) by richard kilvert; and abetted in some points, by his b parker, henry b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - jonathan blaney sampled and proofread - jonathan blaney text and markup reviewed and edited - pfs batch review (qc) and xml conversion the vintners answer to some scandalous phamphlets published , ( as is supposed ) by richard kilvert ; and abetted in some points , by his brother roger , and alderman abel . wherein the vintners vindicate their owne reputations to the world , for satisfaction of all such as know not the said kilverts wretched and lewd conversation , or have credited his foule impudent defamations suggested against them . magna est veritas , & prevalebit . london , printed , anno . kilvert charges the vintners of three things : . that they were projectors , and contrivers of that imposition of ● . per ▪ tun , which the king set upon wines imported in . . that they were also actors , and prosecutors of the same , to the grievance of the subject , by farming the same , by taking d. and d. per quart , upon the consumtion of wines above the due price , by obtaining other illegall things , &c. . that in all these things they had a covetous desire of inriching themselves , and that by these means they have greatly inriched themselves . but it is to be noted , that in these points of accusation , kilvert is himself a delinquent , and was first accused ; and yet though he act but the part of a recriminator against the vintners , he takes upon him to be a competent accuser , and takes advantage against them , to take away the validity of their testimony , as being by him pronounced guilty . it is apparent also , that both kilvert and alderman abel do recriminate the more confidently , because the vintners are a confiderable body , and supposed able to make great restitution to the common-wealth , if they can any way taint their innocence , and lay them open for delinquents ; yet both are no● equally furious . the substance of that which alderman abel says , is ; that that this project was first contrived at court , and for divers yeers urged upon the vintners , and yet ever repulsed , and never consented too , till . and then he being master of the vintners company , ( divers of them being then prosecuted in star-chamber ) was requested by them , to redeem them from ruine . and thereupon , whatsoever he undertook , was meerly to preserve his company , and for no other ends ; and that he had no benefit by it , nor aimed at any , nor did effect any thing , but with the consent , and by the authority of the generality of vintners . kilvert being 〈◊〉 man indued with more boldnesse , makes no scruple to alleage further , that it appears by the acts and orders of their own court , that they were the plotters and contrivers of that imposition . he instances in the act of nov. . and the of the same , when the company consented to treat of , and to admit the imposition ; and he says , that from thenceforth the whole project was managed by the company in open court at their hall , and the major part of vintners were present at those courts , and did consent by holding up of hands . he instances in the of febr. . when the company appointed ten contractors to seal to the king ; and in the of febr. when griffith by letter gave instructions how to covenant . he says he was no patentee , nor issued money in the businesse , nor was at the vintners hall , till the project was concluded and petition'd for . the substance of that which the vintners reply hereunto , is ; that the imposition cannot be said to be contrived , or plotted in nov. . or after nov. which was in being long before , much lesse can the vintners be supposed to be the contrivers and plotters of that , which for divers yeers before they had opposed and withstood at their own great perill and prejudice . that whosoever the contrivers and plotters were in the conception , yet if the midwifery and nurcery of kilvert and alderman abel had not given it birth , and growth afterwards in the world , it must needs have proved abortive . that in . an imposition of l. per tun was solicited by some of the kings ministers ; and in . my lord treasurer weston was urgent to bring the same to passe ; but the vintners not submitting thereto , an extra judiciall decree in star-chamber was procured , prohibiting vintners to dresse meat , and restraining them from divers benefits of their trade ; and this was prepared as a lash to over-awe them , and either to abate their courage in opposing , or to diminish their power . that my lord cottington , and some other lords did inforce the same imposition ; and that my lord of dorset pitying their condition , and thinking them not sufficiently knowing of their own state , was so open and plain , as to tell them , it was folly in travellers , to deny their purses to robbers upon the way , and to draw harm upon themselves thereby , when they had no sufficient force , either to defend their purses , or their own persons : and having so told them , he applyed it further , and swore it was their own case . that this decree being so formidable in those injurious times , and so many great men so intentive to make use of it , in . the vintners did furnish for the kings use , l. upon a promise to be secured from the decree , and to have their due priviledges confirmed in dec : following , and they obtained a warrant from the councell-table to that effect ; and some of them being not fully satisfied with that dilatory warrant , my lord of arundels words were , will you not be satisfied with the word of a king ? that till dec : aforesaid , the company remained quiet and unmolested , but then seeking the promised assurance , their answer from the lords was , that the king wanted more money , which if they would supply , more then had bin promised should be performed , and the imposition was again pressed . that the vintners not yet yeelding to the imposition , the force of the decree was inculcated , and the promised assurance was denyed , the l. lent was detained , and used onely as a bait to draw them further on , and to intice them into the project . that other great suits then hanging in star-chamber to be solicited by kilvert , the vintners injoyed some rest till . and then divers of them were vexed upon the decree ; and in april following kilvert made his open boast , that the bishop of lincolns case being once ended , he would immediately set himself to prosecute the vintners upon the decree . the alderman abel being sheriffe elect of london before midsummer , . by right whereof , according to the city custome , he was to be chosen master of the vintners , he refused it , pretending that he should be better able to serve the vintners after the expiration of his shrievalty . that at midsummer , . alderman abel took upon him to be master of the company , his shrievalty expiring at michaelmas following , the bishop of lincolns triall being end●d about the same time , both he and kilvert had good leasure to joyn , and to combine about the businesse of vintners . that from feb. and hil. term next , before the vintners having been examined upon oath in star-chamber , and confessed the dressing of meat , &c. contrary to the decree , there was neverthelesse no further proceeding in easter , or trin. term against them ; but in sept. following , both kilvert and the alderman being at leasure , they had meetings and conferences , as themselves confesse , and then at the aldermans house kilvert imparted it , that he had warrant from the king , to solicite against all vintners , as well those that had given over their trade , as others , for breach of the decree ; and that marq. hamilton had power from the king , to treat with some of the company touching his majesties pleasure therein . that upon the of octob. following , at a court of assistance alderman abel made this overture known , and with great passion set forth the danger of the whole company , whereupon some were selected to make their addresse to m. hamilton , and to negotiate that affair . that upon octob. they which had attended m. hamilton , reported to the assistants , that it was communicated to them from the marq. that the king expected an imposition but to be agreed upon by committees , indifferently to be appointed both by the king and vintners ; and that in respect of the same imposition , the vintners should re-tail wines dearer by especiall grace , and withall obtain confirmation of former priviledges , and a grant of further benefits . that the marq. did impart his private advice for their yeelding herein , because though the delinquents fines were given him , yet he confidering that the ruine of divers private men , would not so much inrich the kings coffers , was willing to attend the kings favour in some other suit , so that the imposition might be condiscended to , for the kings greater profit , and the vintners better safety . that hereupon a generall courts was called on nov. . . wherein much was laboured by kilvert and the alderman , both by fair promises and sharp threats , to induce to the imposition : it was promised , that the king would pardon all former delinquencies , that the vintners should have his majesties especiall favour , and by the same injoy not onely former immunities , but further priviledges also , and for ever be made a glorious company ; that they should dresse and sell victuals , tobacco , beer , sugar , &c. that they should be free from informers , and have power to restrain the incroachments of the coopers . on the other side , as benefit was the bait , so terror was the hook , and destruction in the next place was laid before them ; in case they did reject the imposition , it was menaced , that they should be prosecuted upon the decree , perplexed with informers , disabled for their trade , that the king was unalterably resolved to have this imposition , whether they assented , or no ; that if the vintners were rich , the king would not be poor ; that he would as soon lose his crown land , as this benefit , that wines being a forein commodity , the law allowed the king to impose upon it at pleasure ; that it was also in the kings power to suppresse all but vintners in london , and that good councell had so resolved it ; and the aldermans conclusion was , shall i see my company digg'd up by the roots , my brethren ruin'd i th' star-chamber , and the cankerly cooper between the bark and the tree eat up all ? that these things being so represented to the generality in those times of violence , the main body voted rather to comply with the king by furnishing another present summe , then by this imposition , and l . was nominated ; but both kilvert and the alderman called some of them out , and upbraided them as beggars , not able to pay what had been formerly levied for the king , and at last concluded , that the king expected , and would have more yeerly then such a summe . and so the question at last being put after long contestation , whether they would stand out any longer against the imposition , upon such t●rms , or comply with the king , in chusing and authorising a committee to treat of the manner of an imposition ; the generality did chuse to comply so far , and to appoint a committee . that this act of court were not so main an evidence for kilvert , and fit to be so often insisted upon , if it were not mis-alleaged , and mis-applyed ; for if the major part of vintners did appear , and consent , yet they were perswaded , threatned , intreated , but did neither perswade , threaten , nor intreat ; and they consented to comply with the king , and did not use means that the king might comply with them , as kilvert most maliciously inverts it ; and their compliance was in appointing committees to treat of an imposition , but not absolutely to submit to it ; and if they had absolutely yeelded , yet all circumstances considered , it ought not to be held a voluntary yeelding , but such a violent one , as the sea-mans is in a tempest , when he submits to the weather , and chuses rather to cast away all his wares , then himself , and ship , and all . that on nov. following at another generall court the committees reported what the kings demands were , and the generalities assent being questioned , it was assented that the committees might yeeld to s . per tun , provided that they might be assured to have from his majestie the immunities and benefits proposed and expressed , and that all this were just and good in law ; ( but indeed these words concerning legality are not entred in the hall-book . ) that this act of court , if it be taken most strongly against the vintners , though it be kilverts prime engine , yet it evinces no more , but that they submitted to the kings demands urged upon them , as hath been said ; and since they had no power to hold out against it any longer , they provided for some helps to inable them to bear it , and those also no other , but such as had been proposed , and expressed to them ; not such as they had greedily gaped after ; the book it self will justifie in that , and indeed the benefits and immunities were inconsiderable to the vintners , such as had no great reality in them , nor had they any beleef in the obtruders of them , nay they know they were obtruded rather to make them guilty , then to make them gainers ; setting aside exemption from the rigor of star-chamber , they would willingly have forgone all promised priviledges , and given great sums of money besides , to be delivered from the imposition . that it is extreme malice and falshood in kilvert so to alleadge and mis-recite this act , as if it had no relation to former violence and constraint ; or as if it amounted to a meer request , nay to a project in the vintner ; as if his end had been to oppresse the cooper , and to monopolize the retayling of wines thorow the whole kingdom ; or as if the words did testifie of the vintners demands , and propositions , and requests , and not the direct contrary . that the vintners are not destitute of further answers also ; for first , the major part , and better sort of drawing vintners were not that day present at the hall , the businesse was so farre disaffected , and they in opposing it had been so farre wearied out and worried ( as it were ) by kilvert and the alderman , that they did forbear any longer to appear , nothing being there expected , but checks , affronts , and disgracefull usage , and therefore the most part which appeared that day , was of suburbian retaylers , poor men , and such as dealt in rundlets , and such as faction had drawn in for a good number of them . secondly , of such as did then appear the more loud and turbulent part , carryed it , rather than the major part of able and modest men . thirdly , those of the better sort which did give their consent , did it not with any true liking to the project , but meerly to avoid ruine in the starre-chamber . for the shipwrack of the sope-boylers , and others , was then fresh , and in view , and that court had then gotten them the same repute , as a timariots horse has in turkey , where they say no grasse ever grows , after the impression of his fatall hoof . fourthly , the entry of that dayes act is much to be suspected , as well as many others , for many passages then intervened , to which the world is not now privy : for first , all courts of generality were called by the beadle , in the kings name , a form of summons never before used , and had now been uselesse , if the generality , out of distaste to the businesse , had not been unwilling to appear ; and if the alderman and kilvert had not been very eager in obtruding upon the company against their liking . secondly , divers other courts were called both before and after the and the of nov. wherein the generality dissenting and disavowing the project ▪ and alleaging many reasons of illegality , & inconvenience in it ▪ no entrance is remaining therof , nor memory of any such courts held ; and yet if any such remembrances were now extant , they would testifie for the vintners against the projectors , and plainly discover who they were that pursued , and who that rejected the designe . thirdly , kilvert has no regard at all to the true reciting of such acts as are remaining in the clerks book , but to the perverting of justice , satisfies in all his allegations . fourthly , the acts themselves were not alwayes rightly entred . sometimes the clerk was checkt and over-awed , sometimes entries were made contrary to his liking , and without his privity , some things being omitted , and some inserted , and some wrested , and mis-sensed ; so that indeed the acts are more properly kilverts , than the companies . the book sayes alwayes , that the major part of vintners did alwayes appear , and the major part of the apparence consent , but this was seldom so . and the major part did never consent , but with this proviso , that the thing consented too was legall , and warranted by counsell ; but this was never entred . and upon the of oct. . committees were appointed to treat with marquesse hamilton ; but the book adds , concerning the advance of the prices of wines , and this is meerly suppositious . fifthly , many of the vintners were practised and tampered withall , especially the meaner sort , and many of the better sort were over-powred , and born down by might and threats , and singled out from the rest . for example , nov. . mr. rogers , and mr. mason being opposers of the imposition , were not onely controlled in publike , as obstinate men , and ill-willers to the kings servic , but it was commanded to be entred in the hall book , as a great delinquence , and there is still remains registred : and this being not sufficient , the same men were the same day sent for by the beadle , to the castle tavern in pater-noster row , where kilvert and the alderman dined , to receive further rebuke and insolent usage : and this was for example to disanimate the rest . for alderman abel , as he was an alderman of london , and master of the company of vintners , and assisted with kilverts infinite wiles and impostures , and as he had to do with a distracted body of men of severall mindes and qualities , holding no perfect intelligence one with another ; and as he was at that time of unsuspected faith , and in their good opinion , and as he had the advantage of those projecting times , and influence from some great persons of honour , and above all , the kings name to make use of in all his pretences , had strange advantages to betray his brethren , and bring about his own purposes . sixthly , besides disadvantages common to other tradesmen , the vintners were divers other wayes also liable to the lash , and obnoxious to injuries ; for by the statute , the lords had a power to set the re-tailing prices of wines so , as that they might undo the vintners at pleasure , if they would not submit to the imposition ; and they did lay hold of this power to this purpose , causing them to sell cheaper then they could well afford , and that yeer when the imposition was first consented too , fearing lest the vintners should recede and retract , they set the prices lower , and raised them after , but not till all things were made sure . moreover , to affright the vintners further , it was represented to them , that by the law the king might suppresse all but taverns ; that he had right to impose upon forein commodities , and that dressing of meat , selling tobacco , &c. were not undoubtedly belonging to their trade , so that their case would be more desperate then the sope-boilers , or the irish planters , and these yet in star-chamber had faln without mercie . seventhly , all these indirect passages notwithstanding , there is scarce above one generall court , wherein the imposition was consented to , most of the other passages of preparing , ripening and perfecting the project , were translated by courts of assistance , and at such courts it is sufficient if besides the master be present , and the major part of those sufficiently ingages the whole company . and it is to be noted , that it seldom happened at those courts , that there were present above five or six drawing vintners , and of those also , some were the aldermans creatures : for example , on nov. . a draught of a petition was presented , there were then assistants , of those there were onely five drawing vintners , all the rest had given over their trades , or were of other trades , though free of the company , and many of them were liable to many other exceptions , and yet these referred that weighty businesse to be proceeded in by any three of the committees , the master being one , so that if the alderman could procure any two to joyn with him , that junto was sufficient to dispatch all ; and by this means the aldermans house was the place , and the alderman himself , with some of his privadoes , was the man , where , and by whom divers important matters were expedited . and at some times the alderman alone was sufficient , for l . was given to kilvert , and l . to marq. hamilton out of the companies purse ; but there is no act of court remaining , to shew by what authority these moneys were disposed , nor does the generality understand any thing thereof , but that the aldermans authority was solely effectuall in that businesse . eightly , kilvert , the most fatall of all false-informers , the most mischievous of all projectors , the most impudent of all impostors , was introduced to sit at the vintners hall in court , there to act the lyons and foxes part , and when that grew odious to many , he was by an adoption of meer formality , made free of the company , that he might insult and insinuate the more , and by his mercuriall trumperies prove more fruitfull in mischief . and though he denies to have been at vintners hall till the creation of the proiect , yet he was there often , and that before , at , and after the of nov. for that very day it was that he so upbraided mr rogers and mr mason at the hall , and dining after in pater-noster row , exprest himself in more insolent , and taunting language . ninthly , when the generality was drawn together by the kings command , they were caused ever to attend below divers hours till the alderman and his party had framed and debated the businesse , the generality had no share in the discussion of matters , it was sufficient for them to authorize and own what the privadoes had before discussed ; and if any private man complained hereat , or took upon him to debate any thing by them resolved , he was singled out , and treated as an enemy to the king and his service ; for example , tho. cox was so treated in open court , and mr rowland wilson was convented also before the marquesse , and by him terrified , and taxed as the kings opposite . tenthly , when the company did not appear in so full a body as was thought fit by abel and kilvert , the businesse it self not being more displeasing , then the carriage of it , notice was taken thereof especially about nov. . and that the absent might be known , the names of such as were present were taken upon command ; and this manifests how many wished ill to the proiect , and how few were active in the consummating of it . eleventhly , as kilvert and the alderman had too much influence in entring acts , so they had the like in suppressing and taking away all such papers and notes , as might arm and inable the vintners for a fuller and clearer defence . for example , a petition , and a schedule of divers unlawfull demands annexed in nov. . is charged upon the vintners ; whereas there is no copie of either remaining in the hall-book , or in the clerks hands , kilvert must be the onely register in this case against his adversaries , and though they can prove , that they never fully agreed upon any petition , and that which was presented to them , was by him altred in matters of pertinence , contrary to the liking of the vintners , yet he still charges them upon his own papers , by himself penned , and by himself preserved . twelfthly , to give instances , what slavery and treachery the vintners lived under , two onely shall serve : there was l . to be repayd to the company ; out of this the alderman would deduct l . issued for the use of marquesse hamilton , and kilvert , and so there was two thirds due to the company ; but they could never receive above s . in the pound , which is not a full thirds ; the aldermans pleasure was sufficient to discharge them of the rest , and against that they were utterly remedilesse . and next , the alderman being intrusted to see counsell about the legality of the imposition and the farm , he pretended to be assured by counsell , of the legality of both beyond all doubt , and yet he had contrary counsell given him . all this almost which has been hitherto related , kilvert passes over , and as if the imposition had never bin thought on till nov. . there he findes out the source of it , and then he makes the vintners the first seekers and plotters of it . but because in nov. the , and . there is no pregnant proof that the vintners solicited for the project , nor no mention is of any petition , till nov. . there he layes his principall charge ; for to that petition he annexes a schedule , containing immunities ; and these he entitles , the humble desires of the retaylers of wines : and these are ( as his words expresse ) the very project it self . the vintners hereunto answer : that as the imposition was before violently inforced till they did submit , so the petition was now as subtilly obtruded , that they might seem to do more then submit . that the vintners at the first proposing of a petition , did cry out against it , both as unnecessary , and unreasonable ; unnecessary , because without any petition , the king might in honour , justice , and conscience , without any petition grant , what he had voluntarily offered for his own profit ; and if he would not , the matter to them was of little importance : unreasonable , because they should now seem greedy of that , which they had so long withstood , and knew to be destructive to themselves , and would yet , if they might be permitted , at any rate possible , ransome themselves from . that kilvert hereupon assured them , that the petition could not ingage them in any guilt , or besmear them in any crime , that it was onely framed as best beseeming the majestie of a prince , to whom no other addresse could seem congeable , and in that form wherein it was then presented , it did intimate the ● . per tun , demanded by the king , and the other immunities offered to the vintners without any seeking , or solicitation on their part ; and the kings promise was the ground of its prayer . that kilvert intending , as it seems , to pull out the hot chesnut out of the fire with the monkeys paw , rather then his own , as the crafty beast did in the fable , did neverthelesse alter the petition to the inverting of the sense of it , and that contrary to mr. shaws advice , and did new transcribe it in contrary words , leaving no act thereof in the clerks book , to testifie the effect of it ; nor do the vintners yet know whether it was ever presented to the king or no , or what reference it had , or how far that reference was pursued . that this petition therefore , and its appendant schedule , ought not to be esteemed as the act of the vintners , but as kilverts , nay as kilvert criminous act , being no lesse then forgery , and that of a mischievous nature ; the vintners thereby being not onely drawn into damage , but crime also . another thing alleaged against the vintners , to make them guilty of projecting this imposition , is griffiths letter in feb. following . but to this the vintners answer : that griffiths letter giving instructions how to manage the farm , could be no contrivance or projection of the imposition ; for kilvert himself says , that he was not at vintners hall before the project was petition'd for , and concluded ; and it is manifest , that he was at the hall in nov. before , and therefore this is a meer contradiction , wherein he confounds times far distant , that he may thereby confound things as farre different . that which had been the laborious businesse of so many yeers before , and the task of so many great councellors of state , and the designe of so rare an engineer as kilvert , and had been brought to such maturation before feb. cannot now be attributed to griffiths letter , dated in feb. . but kilvert sayes , that the vintners were not onely the inventers and projectors of the imposition , but in the second place , they were also many wayes actors and prosecutors of the same , viz. by farming it , by sealing the quad : indenture , by taking d . and d . per quart , above the just prices , &c. the vintners answer ; and first , as to the farm : that the farm of the imposition for yeers , was obtruded upon the vintners , nor for that it was likely to prove beneficiall to them , but for that they were the fittest men to bring in the kings rent , and could collect it with the least noyse and disturbance in the world , and with least opposition and violence amongst the vintners : for if the kings rent had been to be demanded and exacted by his own immediate officers , or by any other tenants and farmors of any other trade , the vintners cellars must have been searched by strangers , and many occasions of tumult and strife must have happened , whereby great clamours and troubles might have been raised in the common-wealth , to the greater scandall of projects . and the same was then apparent in the sope-boylers case ; for whilst that project was managed by strangers , and the old sope-boylers would not comply , the whole state almost was shaken with the out-cries and distresses of many undone families , and the projectors gained lesse , and vexed the subiect more . that as the example of the sope-boylers case thriving so ill till the old company did submit , was a motive in kilvert , to presse , and by force to drive the vintner the more to a submission , so the example of the sope-boylers case , the old company suffering so much , and groning so long under such grievous things till it did yeeld , was a motive to the company of vintners , to make them yeeld the sooner : and therefore , upon the of feb. . after some contestation notwithstanding ; and after it had been opened , that sir abraham daws had offered above l. for it , the question being put to the generality , whether they would farm the imposition at l. per annum , they did consent thereto ; and for the kings further satisfaction , since he would not contract with the generality , they did agree to nominate contractors . that they were first advertised , notwithstanding that the meer renting of the kings imposition was not contrary to law , nor could they imagine , that since the state would be lesse grieved and perturbed , if they rented it rather then any other men , it could be held any disservice , either to the subject , or the king . that if any miscarriage were in the manage of the farm , that is wholly to be ascribed to alderman abel , and some few of his privadoes , who did ingrosse the whole power therein , and benefit thereof to his sole use , and admitting some farmors or sub-farmors to bear the name thereof , yet they had , nor enioyed nothing else but the meer name ; and if they were admitted for any purpose at all , it was to bear losse and blame , and to countenance the aldermans tyranny , or to be responsible for his injustice , to this purpose they were more than nominall , titular farmors , but to all purposes of benefit they were shadows , clphers , and meer empty names . that the vintners expected no benefit from the beginning to arise to them out of the farm , nor could hope for any other dealing from the alderman , then what they found ; for they knew well , that if sir abraham daws had offered more then l. and was refused , it was not out of any favour to them , but out of some other end upon them . and they had some cause to fear , that if it proved a bargain of profit to the farmors , the rent being once setled by their compliance , the king might avoid his grant , and if it proved a bargain of losse , then their own deed should be strongly urged against themselves : and howsoever it proved , they knew the alderman would have the shuffling , cutting and dealing , all in his own hands ; and that they should have , nor law , nor right , nor remedy , besides his meer pleasure and discretion . that the aldermans trains and traps from the beginning , were very grosse , and rank , and obvious to the dullest capacities ; for though the patent of the farm were not sealed by the king , nor did commence till midsummer after , yet he had chosen himself treasurer , and taken a house , and setled officers , and sallaries , and removed his habitation before lady-day . and though this businesse of the farm was no such adventure as did require any stock at all , or bank of money , yet for other sinister ends , he demanded no less then l . to be undertaken for by the farmors , and a good considerable part thereof he did gather in , and receive into his own hands , and divers men being therefore unwilling to come in as undertakers , he used extremities to draw them in : for example , mr leechland being fearfull , and unwilling to undertake , he was forced and hunted in by the alderman , and that place which he held under the king , was threatned to be taken away ; and he had not undertaken any thing in the farm , had it not been for fear of losing his place : and for another example , mr rowland wilson was as much solicited to come in for an adventure , but refused , and could never be won by any means whatsoever to joyn in the farm . that the allegations set down in the aldermans paper , whereby he would prove the farmors , and the sub-farmors equally interessed in the farm with himself , are not sufficient to prove the same . for first , the act of march , . does not prove , that his office of being treasurer , and his stipend of l . per annum was setled by the company of vintners , when it is evident , that he had taken a house for that purpose , and removed from billeter-lane , and setled all things before lady-day . secondly , the bringing in of l. for every undertaker , when the adventure required no such supply , can manifest nothing but the aldermans tyrannie and treachery : and for the l. he subscribed mens names as he pleased , they themselves did neither condition to be ingaged for such sums , nor did they underwrite to such conditions , and the truth is , that money which was gleaned from the . though it was intended by the alderman , as a hook to hold them in , and ingage them the faster ; yet nothing was pretended , but a meer loan , and therefore the alderman paid them interest according to their severall proportions , although he gave no obligations for the same . thirdly , the major part of undertakers were not present , or consenting to the choise of alderman abel for treasurer , and they which were present , and consenting ( besides some of his own privadoes ) were but lookers on , and did but onely agree to that , which they had no power to frustrate . fourthly , those of the adventurers , which did ride about to settle the imposition in the country , and in the out-ports , did it in obedience to warrants from the lords of the councell , and to the aldermans commands ; and though they were spectators , or assistants , yet they did but execute the aldermans and kilverts instructions , and were as meerly instrumentall to them , as they seemed to be to the king ; for example , kilvert rode to bristow , and other western parts , and though he went attended with some others of the undertakers , yet he , as from the kings own mouth , took the boldnesse to treat with all men , and that in very imperious terms ; and when all his intimations from the king would not prevail to make bristow men , &c. submit , he at last threatned them with the star-chamber , and detected them of false measures , and so as a meer informer , reduced them in the end to subjection . fifthly , those acquittances which some of the adventurers signed , have words in them inserted by the alderman , meerly to confesse a partnership , and an equall interest in the adventure , without which , the alderman would not restore them their sums adventured , do signifie nothing but the aldermans craft and injury ; for it was after a parliament summoned , and as he drew the acquittances for his own safety , so some of the adventurers perceived his aim , and would not sign the same , but chose rather to leave their money still deposited in his hands . sixthly , those farmors which did consent to the buying in of the wine-licenses on nov. . were drawn in , and cozned by the alderman , for he had bought them before , and found losse in them , and now by his uncontrolable power he would force them upon his pretended partners ; and at the same time he arrogated a right to himself , of turning out all such as would not joyn therein , and did use threats to the same purpose . seventhly , that petition which was drawn upon the approaching of this parliament , and signed by of the undertakers , for the discharging and rendring up of the ●arm , was framed chiefly for the aldermans impunity , and he was the author , and solicitor in it to draw in others ; and by his means it was also moved at the hall to the whole company , that they would concur in the same , and it was to this intent , that they might seem as much interested in it as he , and he as little guilty as they . that all these shifts and wiles of the alderman and his faction make it very cleer , that the ten farmors , and their under farmors were not so in truth , but meerly nominall , that they might suffer for and with the alderman , if any hazard or question were ; for the alderman made a great benefit of it : and being indebted , and of weak estate before , by this farm he hath got a great estate , and enabled himself for one purchase of l . whereas the farmors and sub-farmors , never received one penny benefit , nor had any account given them in so long a time for it , nor had any assurance in law , under hand or seal , whereby to call him to account , or to recover , or claim any thing upon account . and as the alderman did in law keep all the power in his own hands , so in fact also he did exercise that power after an arbitrary unlimited way ; at some times he openly told them , that they had no right nor interest in the farm , but at his meer discretion and pleasure , and that he could turn out , or take in , as he listed ; and at other times he did , upon private displeasures , put out , and lessen some in their shares , and , upon fancy , put in , and raise others ; and all these things were transacted at his own house , by his own authority ; and that was so unquestionable , and uncontrolable , that no man thought fit to stir , or move any thing against it . that as all this and more may be maintained in defence of the farmors , so more yet may be maintained in the behalf of the sub-farmors ; for the farmors did some things without the knowledge of the , and have since exhibited a bill against the , to make them liable to some moneyes disbursed by them , but they are over-ruled , and left remedilesse in the case ; and the were first drawn in and workt upon by the aldermans craft ; and they being the richest men of the company , the alderman could not so easily have effected his ends , nor deceived others , if he had not first deceived them . the next thing pressed against the vintners , to make them guilty of the imposition , is the sealing of the quadri : indenture , and agreeing to the unlawfull covenants thereof . the vintners answer hereunto , is ; that they having with great reluctance yielded their backs to the sore pressure of the imposition in nov. . conceived ▪ that a sufficient consummation of that affair , and hoping that the king would thereupon provide for their delivery out of starre-chamber , and an open liberty of their trading , did not see cause to seek for any further deeds or covenants to be drawn , from them to the king , or from the king to them , much lesse from either to the french and spanish merchants . that it was the onely policy of kilvert and the alderman , to have recourse to petitions or indentures ; for as they had taken order for their own benefit before , in drawing the vintners to an unvoluntary submission in nov. so now they would take order for their impunity , by drawing further acts of more voluntary submissions , in shew from the vintners ; before they had engaged onely their tongues , now they would engage their hands and seals , and leave them no retreit : before they had made them stoop to the kings ends , now they should seem to intend onely their own ; for it was now represented , that their grant to the king was sure and perfect , but the kings grant to them must require further ceremony in law , and supplication besides . and by this means the vintners were to be made , not onely losers , but culpable also , and the projectors having first taken the vintners bread , to put it into their own mouthes , now take out the thorn also out of their own hands , to thrust it into the vintners . that upon march , . when the covenants concerning the merchants were first proposed to the vintners , they were cryed down as unjust , and prayed against , and were not till the of mar : setled , and that by the interposition of the lord treasurer , marquesse hamilton , and the atturney generall . that notwithstanding the unapproved settlement , no draught of the quad : indentures were shewed at the hall to be examined and scanned till long after , neither was the company ever fully satisfied therein , or knew if any true copy thereof was produced , or how it was after altered ; nor did they agree , till the of june following , that their common seal should be taken forth , and set thereto ; nor do they know whether it was set thereto , or by whom , or when . that the quad : deed , bearing date the of iune , . was not sealed by any particular members of the company , till sept. following , and then those which did seal it with their private seals , were drawn ignorantly to the atturneys chamber for that purpose , and perswaded to it by the alderman , as a thing of meer form , and of no dangerous consequence at all : and since it had commenced , and taken effect before , they do not yet know what vigor their seals superadded to it , or to what purpose their seals were required , except it were to make them criminous , contrary to the aldermans fearfull oathes . that since the quad : indenture did not occasion or precede the imposition , but was occasioned , and preceded by the imposition , and since it was in part compulsive , and an effect of those calamitous , irregular times ; and since the aldermans fraud was so notorious in it , hee putting in the names of whom hee pleased , and some of those also having yet never sealed , and he having the common seal of the company in his sole custody , and kept the same a long time after midsummer , when another master was chosen in his place ; the vintners hope to be excused , it not a toto , yet a tanto . that since the same indentures were drawn also by the kings councell , in whose judgement and responsibility , the vintners had reason to confide ; and since they were urged upon the vintners for the kings advantage , or the merchants , and not sought for by the vintners for their behoof : and since the vintners grant to the king , could not entitle him to any undue thing , or prejudiciall to any but themselves : and since the kings grant to them , as to any unjust purpose , might be avoyded at pleasure , and was known to be voydable : and since there was no aim in the vintners , to obtain any thing from the king but due impunity , and liberty of trading : and whatsoever was thrust in further , was onely to make them guilty , and plotted and acted meerly by the projectors : and since the vintners never did enjoy more than a free trade , and exemption from ruine in starre-chamber , but were rather hindered in their trade , and discountenanced after : and since it is manifest , that the projectors in all those inserted illegall covenants , had never any respect to the good of the vinters , or intnent that they should enjoy them ; they humbly , yet cheerfully , submit herein their case to the censure of all good men . the next thing objected by kilvert , as an execution and pursuance of the proiect , is , the taking of d . and d . per quart by the vintner , upon the consumption of wines : and this is charged as an exaction , and iniurious to the subject . for answer hereunto , the vintners say , first , that the necessity of those times was so irresistable , that without taking d . and d . per quart , they could not trade ; and without trading they could not subsist , for the imposition was exacted at the custome-house ; and without paying it , they could get no wine , though they would have resisted it ; and the question was onely , whether they would take the advance in the retayl , or starve themselves and their families . and the vintners can make it appear , that the shipscot was not drawn on with more violence and subtilty , nor no proiect , then this ; and yet if all delinquents in all such violent and subtill proiects , were now questioned , it would shake the foundations of the state , and disturb the common peace . secondly , that they never took for their wines , but according to the prices set by the lords , and that such taking is justifiable by the statute ; for if any injury thus was done , it was done by the lords , in setting the prices contrary to the meaning of the statute ; and to do this , the lords were not solicited by the vintners , nor can they conceive it to be , by so inconsiderable a company , or to have any respect to the benefit of such a poor incorporation . but it is manifest , that they respected the kings benefit , and were officious therein , and that much against the vintners will , and that thereby they had a great power to effect their ends , and did thereupon strain their power to effect the same . thirdly , the vintners were not so far favoured by the lords , though the imposition was submitted too , but that they suffred hindrance , and losse notwithstanding , and the prices of wines were set , as if there had been no imposition laid upon the vintners ; but this point falls in with the third branch of kilverts charge , and therefore is to be more fully opened , and answered in the next place . . in the third place therefore , whereas kilverts charge is , that the vintners did project , and seek the imposition for their advantage and profit , and did reap great profit and advantage by it . the vintners make answer : that many things reckon'd up by kilvert as immunities , and benefits of the vintners purchased by this project , were their birth-rights , and legall interests , and had been due to them without any imposition : for example , the coopers incroaching by fraudulent brokerly offices betwixt merchant and vintner , and ivie-like sucking juice out of both , without any root of their own , were to be restrained of common right . so the dressing of meat , selling of tobacco , exemption from the extrajudiciall decree of star-chamber , the restitution of l . lent to the king , &c. were appertaining to their trade , and due by the law of the land ; and if no imposition had been , they ought to have been injoy'd without question or molestation . that the taking of the farm , the restraining merchants to sell to any except vintners , the dealing in wine-licenses , yielding to the imposition of s . per tun , &c. which kilvert recites , and priviledges and benefits sued for by the vintners , were indeed no way beneficiall , nor sued for , nor at all obtained by the vintners , though the contrary was pretended in all . that whereas kilvert affirms , that the vintners have gained by the project above l . arising to them three severall wayes ; viz. . by beating down the merchants prices . . by the advance of d . and d . per quart , retailed . . by selling malagoes and sherries for canaries . to each of these particulars ; and first , as to the first they reply : that the vintners ( to give a true relation of things ) being much incited , and forced to submit to the imposition , amongst many other objections used this as one . that they being loaded with the imposition , could not sell so cheap as others , and by that means all noblemen , gentlemen , and others , would buy of merchants and coopers , and not of them , as formerly ; and so a great part of their trade and gain would fall away . to salve this , the kings agents answered , the merchants and coopers shall be bound up , and shall fell to none but you . but as this was offred to the vintners , that without utter ruine they might submit to the kings benefit , and not desired by the vintners out of any covetous desire to inrich themselves by other mens losse , so it was but onely offred , and never intended , or faithfully performed . howsoever , the merchants ( by the advice of roger kilvert , brother to our main proiector ) were so politick , as to pretend , that this restraint , or rather umbrage of restraint , was unequall to them ; and therefore to ease them in this particular , a remedy was invented by obtruding a medium of tun french wine , and tun spanish yearly , upon the vintner at such high rates set in favour of the merchant , to the great disadvantage of the vintner . that on the of march , . at a generall court this medium project was proposed ; but the out-cry of the vintners was , that it could not take place without generall discontent , inconvenience , confusion , difficulty , and disturbance of trade , and therefore they humbly prayed against it , as in the hall-book is verbatim registred . that the proiect being hereupon much indangered after so fair a progression of it , upon the of march the lord treasurer , marq. hamilton , and sir i. banks then atturney generall , convented some of the merchants and vintners before them , and then regulated the vintners , to admit of the medium . that upon the of march , the same was discovered to the generality , and their consent was obtained , although their opinion thereof was nothing altred , for being so snafled and muzzeled as they now were , it had little booted them to reject so potent an order . and the merchants could not conceal what advantage they had hereby over the vintners : for example , roger kilvert in derision to the vintners complaints , answered ; the vintners are free from the star-chamber , and are now the kings white-boyes , and shall the merchants inioy nothing ? that the medium in it self was a great , and violent pressure , but as it was abused by craft , it grew intollerable . the inconveniences of it self , were ; first , that it necessitated the vintners to buy too great quantities of wines from the french and spanish companies : for by this means the vintners , whose primitive undoubted right it was , to trade as merchants , and had been in suit about the same , were now defeated of that trade , they being now scarce able to vend , and retail so much as their medium proportion extended to . secondly , that it iniured the vintners in the prices and goodnesse of wines , for the merchants before were allowed to sell at such rates , but the vintners might bargain at pleasure , they had an open and free market , and commonly they bought under the prices set , and they pleased themselves with a free choice ; whereas now , the vintner is confined to a medium price , as well as a medium proportion ; and as the merchant is allowed to sell , so he is constrained to buy ; nay if the merchant will needs require more , the vintner must needs rise accordingly . that the cozenages and abuses of the medium , were yet worse then the medium it self ; for under colour thereof , the vintners were deceived in the quantities of wine : for example , sometimes having bought of a medium merchant so many tuns , and hoping thereby to be discharged of their medium proportion , the merchant would neverthelesse pretend , that the wines were none of his , that he was but intrusted to sell them as a factor for another , and so this was no discharge for the medium . secondly , other merchants which were not of the medium contract , would get the mediū merchants to patronize and sell their wines , and so under that pretext , the vintners were forced to take off small wines at the medium price , which otherwise they might have bought cheaper . thirdly , by this means there was no end of the medium proportion , for whatsoever quantities the vintner took from the merchant , the merchant still complained that his proportion was not taken off , and the vintners for want of true intelligence , and correspondence amongst themselves , were not able to evince the contrary . in the next place also , in the qualities of wines , the vintners were further damnified by this medium contract ; for no vendible , merchantable wines might be refused from the merchant by the vertue of the contract , and all wines almost were admitted good according to the contract : whereupon it happened , that the vintner was forced to take too great stores of course wines to satisfie the merchant at excessive rates , and yet in the mean time to satisfie customers with richer wines ( wine being a matter of meer pleasure ) he was of necessity to provide other store , of better wines at an extraordinary rate . and in the last place , though this burthen of the medium was introduced to gratifie the merchant for his restraint , and to ballance in the vintner the priviledge of suppressing the coopers , and some other priviledges ; yet neither was the merchant restrained , nor the cooper suppressed , nor any other promise intirely performed ; so that the very pretences of ease , proved in the end burthens ; and the promises of help , troubles ; for the greater load being once laid on , the staff presently which should have made it the more supportable , was taken away , or denyed . the merchants did sell , nay ( as they were able ) did under-sell to noblemen , country vintners , &c. more commonly then before . the coopers got tickets from alderman abel , and thereby passed for ●etty merchants ; and having gotten tickets for once , they made the same serve for many times , and sometimes without tickets at all they sold wines by stealth , and they did not alwayes deal by whole-sale , but sometimes in rundlets , and serve funerals : and all this after the vintners had taken off a great quantity of ill wines at a great losse from their hands , upon an agreement that they should relinquish that trade for the future . and at all this alderman abel did connive , and as is probable , made a great advantage by it ; being in that respect more inexcusable then kilvert , who having a brother of the merchants company , and not being himself a vintner , as the alderman had been , may be held lesse blameable . but to shut up this point , kilverts own words are in print ; when the medium seemed grievous to the vintners , he himself took a journey to barwick for them , and there obtained order and direction from his majestie to the lords , to ease and discharge the vintners of it , which was done accordingly : and hence it seems , the vintners , if they had gotten l. in three yeers , by beating down the prices of the merchant ( as he before suggested ) or had had any advantage against the merchant , they had been very inconsiderate , in sending him to barwick , and giving him l. to deliver them from such a profit . the second gain of the vintners ( as is suggested by kilvert ) is in retailing at d . and d . per quart , dearer then the usuall price of wines , and by this advance upon the consumtion of of them since midsummer , . when the vintner first retailed at d . and d . he sayes the vintner has gain'd above l. the vintners answer hereunto contains five things very considerable ; but our stumbling block had need be first removed . kilvert in all his accounts , speaks of so many tuns of french , and so many of spanish , and yet the vintners buy spanish wines by the butt and pipe , which are but half a tun ; so that a pipe of spanish wine is equivalent to a tun of french , and is commonly as long in drawing , and as much stock is imploid in the one as in the other , and setting aside that a butt or pipe takes not up so much room in the cellar as a tun , there is little difference to be observed : and therefore the vintners gain ought to be alike in both , and kilvert ought not to pretend , as if the vintner bought of tuns alike . this being premised , the vintners first answer is ; that kilvert d●es most untruly compute from all wines bought in by the vintner , to all uttered by them , for the vintner sells not by the quart above two parts of three commonly of wines bought in grosse , and a full third he sells to the country vintners , and others , as he buyes in grosse , and sometimes his benefit is small , and sometimes none . the second answer is , that the charge of retailing vintners , is far greater then of other tradesmen , for in the retailing of l. or l. per annum , there is necessarily required at least l. charge , and yet other trades will retail more with half the charge . and experience in this , is a demonstration sufficiently convincing ; for if there be in london vintners , there are not above of them rich men , the greatest part by far is poor and indigent , and the merchants themselves have attestated this before the lords of the councell , and the honorable committee ; witnesse capt. royden , &c. this is an argument , wherein no errour can be , and which will admit of no answer . the third answer is , that drawing vintners are subject to many casualties and misadventures in their trade , many times wines decay upon their hands , and leak away , so that sometimes they sell to vineger-men and distillers , and sometimes retail at losse . the fourth answer is , that retailers are often constrained to give more for wines , then the prices set by the lords ; and of late yeers they have given more for french wines , by . . . l. per tun , then the rates set ; and for spanish , . . s . a peece extraordinary . the fifth answer is , that since the imposition , as the retailing price has been advanced for the vintners benefit , so the merchants price in grosse has been advanced also to the vintners hindrance as much : so that since the imposition , the vintners condition has not been bettered : for example , in . and before that yeer the vintner bought canary at l . per pipe , and sold at d . he bought sacks at l. per butt , and retail'd at d . but in , , &c. he bought canary at l. and sacks at l. so that if no imposition had been then levied , yet the retailing price ought to have been advanced . french wines also have been of late more scarce and dear ; and therefore in , , , &c. the vintner bought the best gascoin wine at l. per tun , and smaller wines at l. and then the selling price was d . per quart ; but the buying price now for the best wines , is l. per tun , and for the smallest l. and yet the selling price is but d . so the set rates have been , and yet the merchants have often sold above those rates also : for example , mr wilcox has boughe canaries of roger kilvert himself ( the supposed projector of the medium ) at above l. per peece , and was fain to pay down the money required above the medium , as a fine before hand ; and many the like examples might be given . and whereas it is reckon'd by kilvert , that d . per quart is answerable to l. per tun , this is most untrue ; for by reason of want of gage , lees , leakage , and other misfortunes ( admitting that wines do not change , or sour ) the vintners cannot draw above gallons ; so that in respect thereof , no lesse then penny in can be allowed the vintner . for note , that in a tun of french wine there ought to be gallons . and note , that though sherries are commonly full gage , yet malagoes and canarries are under gage , and every pipe wants gallons of full gage , besides as much lees , and besides the damage of leakage , &c. note also , that though some rich french wines want not of gage , yet the smaller wines want gallons ; and high countrey wines , which are the richest of all , want so much of gage , that a tun is not above five hogsheads . in this therefore capt : langham did ill to abet kilvert , and he is most easily to be disproved : and all these losses also to the vintner mentioned , are such as come along with his wines when he first buyes them , and are over and above casualty at home in his own celler . so then supposing l. answerable in the tun to every d . raised in the quart , and to give account of that l. the vintners say , that there was l. new imposition taken by the king at the custome-house , before the srme which sir abraham daws farmed ; and that by this new proiect since . l. more also has been taken by the king , besides what the merchants have advanced in their price , partly by reason of impositions set in spain , and partly by the dearth of wines in france ; and so for divers yeers last past , the vintner in very truth , has been but a meer drudge to proiectors , employing himself , his servants , and estate , to supply the common-wealth , either for losse , or no considerable profit . the third way of gain to the vintner , which kilvert calls a super-project , is , by selling of sacks and malagoes at the prices of canaries , the gain whereof is l . per tun extraordinary ; and this way since feb. . the vintner , as kilvert pretends , has gotten l . and his brother roger in this , is his faithfull abettor . the vintners , in the first place , refer themselves for answer hereunto , to the competent proofs of their accusers , desiring only , that the same kennell which was once produced , and disproved before the committee , may no more be admitted . and in the second place , if proofs fail on the other side , they shall make it appear on their side , that few vintners in london vent any considerable quantities of sherries or malagoes by retayl . a great number of them may safely depose , that they scarce draw butts of sacks in a yeer . in the third place also they say , that those vintners which do deal in any considerable quantity of malagoes , and sherries , do for the most part , buy them for the countrey trade , and utter them again in grosse , at a very small encrease of profit . and fourthly they say , that such as drive a country trade , do not usually send down their sacks in butts , as they buy them , but in graves hogsheads ; and it is very certain , that butts , viz. of canary or malago , will but little more than fill hogs-heads , being rackt ; and after this account , the price of a butt of sack , set at l . and a hogshead being sold at a l . two butts are bought at l . yet in three hogsheads yeeld but l. so that were it not for some bargain sometimes under the prices set , the vintners might sell at losse . for example ; tho. dudly justifies , that from . till . he has sold in grosse to countrey vintners tun of french wine , at d . per quart , and under ; and tun spanish , canaries , not above d . and sacks , not above d . per quart , besides many losses by trust , &c. and for this , his books of yeerly accounts , will be sufficient evidence . and many more like examples may be alleadged . and here let it now not be omitted , that kilvert has divers other generall wayes of blinding and puzzling such as are not knowing in the vintners mysteries ; for first , he charges all wines imported at the custome-house by merchants , as bought by vintners , although he cannot be ignorant that coopers , merchants for other countreyes , aqua vitae men , gentlemen and others , do vent and buy at least a moity of wines imported , the vintners scarce compassing the other moity . secondly , he allows and deducts per cent . for leaking at sea , &c. but he conceals the great quantities of lees , which , many times , the merchant pours out of one leaky vessell into another , and sells for neat to the vintner . thirdly , he makes no allowance for leakage , or other mishaps incident to vintners in their own cellars . fourthly , he passes over want of gage , as a thing scarce worth mentioning , thinkingit sufficient to say , that the richest french wines are commonly full-gage : but the fallacy of this hath been discovered . fifthly , he insists upon the late cheapnesse of spanish wines , and yet they were scarce ever dearer before the imposition , but in the mean time passes over the great dearth of french wines ; for the truth is , spanish wines have not been so cheap as to make the vintner whole for the dearth of france , but the dearth of france has been so great , as to devour all profit by spain , and more . and here it may be noted , that the old rates was about the beginning of k. char : that the retayling price of french wines were set at d per quart , when the merchants prices were no higher than now , or of late , since the imposition . to draw now to a conclusion ; since the vintners can make it so visible to all that their company ( excepting some few of them ) is poor and necessitous ; and that this project for these or yeers last past , has impoverisht and impayr'd them more than formerly ; and since they have so satisfied the honourable committee therein , that master green has confest it to be the opinion of the whole committee , they desire that it may be duly weighed , for the vintners have not onely suffred much by this project , but they knew long before that it could bring nothing but losse and hazard upon them , and that was one cause why they opposed it so long ; for if it had been meerly illegall , and not very detrimentall also , it cannot be imagined that they should with so much stoutnesse and constancy , and hard endurance have stood out aginst the violence of it so many yeers together . they desire also that their case may be warily severed and unfolded ; if they have been delinquents , let them be fined as delinquents , according to the just weight of their severall delinquencies : if they have been gayners by the proiect , let them make restitution according to their severall gains : but when they are not prosecuted as delinquents , nor believed to be gainers , let not kilvert , without assigning what third way he will require it , challenge from them l. in grosse . let it also be considered , that it is impossible in nature for any humane judgement exactly to descry , amongst all the vintners , who were the greatest delinquents or gainers : and their cases being different in both , no one indifferent sentence can justly involve all alike in both : if they have been delinquents , it shall be confest , that they may be punisht , though they are no gainers ; and if they are gainers , restitution may be demanded , though they prove no delinquents : but let not both those tearms be blended , as if in this case they were inseparable . howsoever , if necessity , and force , and fraud so extraordinary shall not excuse the vintners , as it does almost all the kingdom in the shipscot , and other late projects , if the calamity of those times shall not acquit them which consented to the imposition , &c. yet all did not consent alike . some were more active , some more passive : a great part was not at the hall , but had iust cause of absence , when any illegall thing was proposed ; and a great part being present , were concluded by the maiority of other men votes , and a great part of voters did most unwillingly vote for fear of ruine ; and yet all these are not equally culpable , nor yet now possibly severable . so also if the proiect be held gainfull , yet it could not be gainfull to all alike , for all vintners do not trade in the same quantities ; nor do all , trading in the same quantities , finde the same gains coming in by their art and industry , nor the same blessing of god prospering them in both : and yet in this case , justice ought to proceed with equall respect had , aswell to geometricall , as to arithmeticall proportion . and as for the second part of the accusation ; it cannot be doubted , but that the chiefest authors , are to be accounted the chiefest actors also in the businesse . it is not so difficult to bring a horse to any obedience , and to the endurance of any load after he is once thorowly broken , as it is at first to break him : and this kilvert , &c. found trne in the vintners ; for after he had once prevailed , that they should not resist the imposition any longer , by the same power ( and lesse ) after , he might make them beg for it , and seem desirous of it ; nay , in shew , contend for it : yet still this shews them the more servile and oppressed , and him the more tyrannous and uniust . this might suffice for the three branches of kilverts charge : but it is evident , that he is not an accuser onely , but a calumniator also . he speaks of divers arts , whereby the vintners sophisticate , and adulterate wines ; he mentions saw-dust of deal , bilberries , and the like , as used by the vintners , to corrupt and falsifie wines , or to put off wines corrupted and falsified : if this be true , he ought in iustice to the common-wealth , he ought out of iustice to justice it self ( whose eyes he now seeks to blinde ) to reveal the same ; and the persons offending , and the times , and certainties of each offence : but if it be not true , he ought to confesse himself , to be himself ; that is , a professed perverter of justice , and enemy of truth . whilst the high-commission tyrannized , there was no fitter blood-hound than kilvert to be officious in that court , yet even in that court he was found too corrupt , too libidinous , too treacherous ; many articles were exhibited against him , and at last he was reiected , as a person infamous , and scandalous to ecclesiasticall jurisdiction . his next scene that he entred upō , was the star-chamber ; and for a good season , he playd there the part of a rare artist ; and having given admirable proof to the world of his exquisite skill in producing deponents , and managing of oathes ; he left it at last , uncertain , whether that court contributed more to his preferment , or he that courts ruine : but the wonder of all is , that he dares yet appear in parliament with any confidence , or in a time of reformation , publish such accusations as he does , wherein there is no one entire , solid truth ; nay , nor scarce any parcell of truth , which materially tends to his own iustification , or to the vintners confutation . since the depending of this case , some witnesses have been produced by kilvert , or his brother roger ▪ or both , to depose against mr. gardiner , and many other vintners , that they sold all their sherries and malagoes at the prices of canaries . these were disproved before the committee , and indeed by their deposition , they must have known that in the vintners cellars , which the vintners themselves could not possibly know . in one pamphlet also kilvert moving the house to retact their votes concerning his guilt ; he is bold to move them to it the rather , because of the l. which he hopes to recover out of the vintners , as if this could be any motive to such iust judges : and at another time he is not ashamed to reckon up his good services , and merits to the state . but sure , though the man forgets where he is , or to whom he speaks , his judges cannot forget who he is , and what he alleadges . of roger kilvert nothing need to be said , but that betwixt him and his brother richard there is a true resemblance , and lively naturall stamp of brother-hood ; and in the medium project , that his brain was the more pregnant of the two . of alderman abel , sufficient is related in the story of kilvert ; he was as fit an engine for kilvert , as kilvert was for those rigorous , projecting times . sathans two great attributes are , that he is a lyer , that he is a murtherer : lying is his means , murder is his end , when he tempts into sin , and when he accuses for sin , he is false in both , but his falshood in both ever tends to destruction . the vintners have found both these sathanicall attributes very eminent of late in their adversaries . the same men which first assayled them to draw them into the project , are now their greatest prosecutors for the proiect ; and there was not more deceit in representing the proiect legall then , then now in making it so odious ; and it is hard to say , whether greater ruine was contrived to them when they were to submit to it , or now , when they are to be punisht for it . finis . an ansvver to the poysonous sedicious paper of mr. david jenkins. by h.p. barrester of lincolnes inn. parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) an ansvver to the poysonous sedicious paper of mr. david jenkins. by h.p. barrester of lincolnes inn. parker, henry, - . [ ], p. printed for robert bostock dwelling at the signe of the kings head in paules church-yard, london, : . h.p. = henry parker. a reply to: jenkins, david. the vindication of judge jenkins prisoner in the tower, the . of aprill, (wing j ). annotation on thomason copy: "arker" inserted after h.p.; "may: th". reproduction of the original in the british library. eng jenkins, david, - . -- vindication of judge jenkins prisoner in the tower, the . of aprill, -- early works to . great britain -- constitutional history -- sources -- early works to . a r (thomason e _ ). civilwar no an ansvver to the poysonous sedicious paper of mr. david jenkins.: by h.p. barrester of lincolnes inn. parker, henry c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion an ansvver to the poysonovs sediciovs paper of mr. david jenkins . by h. p. barrester of lincolnes inn. london , printed for robert bostock dwelling at the signe of the kings head in paules church-yard , . an answer to the poysonovs sediciovs paper of mr. david jenkins . mr. david jenkins in his paper of the of april last , laies most odious charges upon the parliament : and consequently upon all that have adhered to the parliament in this warre ; and least these his desperate infusions should not worke powerfully enough upon the vulgar ; he being an ancient practiser in the law , and promoted to the title of a judge : he cites book cases against the two houses , and seemes forward to lay down his life in the cause . his . argument runs thus . the parliament not having the kings writ , patent or commission , cannot do so much as examine any man : but the parliament has not the kings writ , &c. ergo : his minor is confirmed thus . if the kings power remaine solely in himselfe , and be not vertually present in the two houses , then they cannot pretend his writ , pattent or commission . but the kings power is in himselfe , and not vertually in the two houses , ergo , that the parliament has no vertuall power , he prooves thus . . if the parliament had in them the kings vertuall power , they needed not desire the kings ratification : they needed not send any propositions to him ; but now they send propositions , ergo , this vertuall power is but a meere fiction . . to affirme that the kings power is seperable from his person , is by the law adjudged high treason : but if the parliament say the kings power is vertually in them , then they separate it from his person . ergo , . if none can pardon felony or treason except the king , none has the virtuall power of the king , but none can pardon except the king . ergo , . if the king be in no condition to governe , then he is in no condition to derive virtuall power , but &c. . if none can sit in parliament but he must first swear that the king is the onely supreame gouernour over all persons in all causes , then , no member of the parliament , nor the whole parliament , can suppose him or themselves superior to the king . but none can sit in parliament , &c. ergo , . if no act of parliament binde the subject without the kings assent , then there is no vertuall power in the parliament without the kings assent . but no act bindes &c. ergo , out of these premises which this grave gentleman judges to be irrefragable , he concludes that the parliamēt denyes the king to be supreame governour , nay to be any governour at all , in as much as there is no point of government , he sayes but the parliament for some years past have taken to themselves using the kings name , only to abuse and deceive the people . he saies further , the parliament pretends against the king , because that he has left the great counsell , and yet the king desires to come to his great counsell , but cannot because he is by them kept prisoner at holmby . lastly , he saies the houses are guilty of perjury as well as of cheating the people and rebelling against the king , in asmuch as at the same time they sweare him to be only supreame governour , and declare him to be in no condition to governe . how easily these things may be answered & refuted let the world see . for . it cannot be denied ; but the parliament sitts by the kings writ , nay if statute law be greater then the kings writ , it cannot be denied but the parliament sits or ought to sit by something greater then the kings writ , and , if it be confessed that the parliament sitts by the kings writ , but does not act by the kings writ then it must follow that the parliament is a void vaine court , and sitts to no purpose , nay it must also follow , that the parliament is of lesse authority and of lesse use then any other inferior court . forasmuch as it is not in the kings power to controle other courts or to prevent them from sitting or acting . . this is a grosse non sequitur the kings power is in himself , ergo it is not derived to nor does reside virtually in the parliament . for the light of the sun remaines imbodied , and unexhausted in the globe of the sun , at the same time as it is diffused and displayed through all the body of the aire , and who sees not that the king without emptying himselfe , gives commissions daily of oier and terminer to others , which yet he himself can neither frustrate nor elude ? but for my part i conceive it is a great errour to inferre that the parliament has only the kings power , because it has the kings power in it : for it seemes to me that the parliament does both sit and act by concurrent power , devolved both frō the king & kingdome ; and this in some things is more obvious and apparent then in others . for by what power does the parliament grant subsedyes to the king ? if only by the power which the king gives , then the king may take subsedies without any grant from the parliament : and if it be so by a power which the people give to the parliament . then it will follow that the parliament has a power given both by king and kingdome . . the sending propositions to the king , and desiring his concurrence , is scarce worth an answer , for subjects may humbly petition for that which is their strict right and property . nay it may sometimes beseeme a superiour to preferre a suite to an inferiour for matters in themselves due . god himself has not utterly disdained to beseech his own miserable impious unworthy creatures : besides t is not our tenet that the king has no power , because he has not all power , nor that the king cannot at all promote our happinesse , because he has no just claime to procure our ruine . . we affirme not that the kings power is seperated from his person so as the two spensers affirmed , neither doe we frame conclusions out of that separation as the two spensers did , either that the king may be remooved for misdemenours , or reformed per aspertee ; or that the subjects is bound to governe in aid of him ; we only say that his power is distinguishable from his person , and when he himselfe makes a distinction betwixt them commanding one thing by his legall writs courts and officers , and commanding another thing extrajudicially by word of mouth , letters or ministers we are to obey his power rather then his person . . we take not from the king all power of pardoning delinquents , we only say it is not propper to him quarto modo . for if the king pardon him which has murdered my sonne , his pardon shall not cut me off from my appeale : and t is more unreasonable that the kings pardon should make a whole state which has suffered remedilesse , then any private man . so if the king should denye indemnity to those which in the fury of war have done things unjustifiable by the lawes of peace , and thereby keep the wounds of the state from being bound up , t is equitable that an act of indemnity should be made forcible another way . and if this will not hold , yet this is no good consequence the king is absolute in point of pardons , therefore he is absolute in all things else ; and the parliament has no power to discharge delinquencyes , therefore it has no power in other matters . . the parliament has declared the king to be in no condition to governe : but this must not be interpreted rigidly , and without a distinction : for if the king with his sword drawne in his hand , and pursuing the parliament and their adherents as rebells be not fit for all acts of government , yet t is not hereby insinuated that he is divested of the habit or right of governing . if he be unqualified now he is not unqualified for the future . if he may not doe things distructive to the parliament he is not barred from returning to the parliament , or doeing justice to the parliament . this is a frivelous cavill , and subterfuge . . we swear that the king is our supreame governor over all persons and in all causes ; but we doe not swear that he is above all law nor above the safty of his people which is the end of the law and indeed paramount to the law it selfe ▪ if he be above all law , or liable to no restraint of our law , then we are no freer then the french or the turcks and if he be above the prime end of law common safty . then we are not so free as the french or the turks . for if the totall subversion of the french or the turke were attempted : they might by gods law imprinted in the booke of nature justifie a self-defence ; but we must remedilesly perish when the king pleases to command our throats . besides , how acheived the king of england such a supreamacy above all law and the community it selfe , for whose behoofe law was made ? if gods donation be pleaded , which is not speciall to him or different from what other kings may pretend too , then to what purpose serue our lawes , nay to what purpose serve the lawes of other countryes , for by this generall donation , all nations are condemned to all servitude as well as we . if the law of this land bee appealed to , what books has mr. jenkins read , where has he found out that lex regia whereby the people of england have given away from themselves all right in themselves ? some of our books tell us that we are more free then the french , that the king cannot oppresse us in our persons , or estates , by imprisonment denying justice , or laying taxes without our consents : other books tell us that the safety of the people is the supreame law , and that the king has both god & the law for his superior . but all this is nothing to learned mr. jenkins . . we admit that no acts of parliament are compleat or formally binding with out the kings assent ▪ yet this is still to be denyed that therefore without this assent particularly exprest the two howses can doe nothing , nor have any vertuall power at all no not to examine mr. jenkins , nor to doe any other thing of like nature , though in order to publick justice & safty . i have done and wish mr. jenkins would call in & lick up againe his black infamous execrable reproaches so filthily vomited out against the parliament . finis . scotlands holy vvar a discourse truly, and plainly remonstrating, how the scots out of a corrupt pretended zeal to the covenant have made the same scandalous, and odious to all good men, and how by religious pretexts of saving the peace of great brittain they have irreligiously involved us all in a most pernitious warre / by h.p. ... parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) scotlands holy vvar a discourse truly, and plainly remonstrating, how the scots out of a corrupt pretended zeal to the covenant have made the same scandalous, and odious to all good men, and how by religious pretexts of saving the peace of great brittain they have irreligiously involved us all in a most pernitious warre / by h.p. ... parker, henry, - . [ ], p. printed by fran. neile ..., london : . errata: p. . reproduction of original in the harvard university library. eng great britain -- history -- commonwealth and protectorate, - . great britain -- politics and government -- - . scotland -- history -- - . scotland -- politics and government -- - . a r (wing p ). civilwar no scotlands holy vvar. a discourse truly, and plainly remonstrating, how the scots out of a corrupt pretended zeal to the covenant have made t parker, henry d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion scotlands holy war . a discourse truly , and plainly remonstrating , how the scots out of a corrupt pretended zeal to the covenant have made the same scandalous , and odious to all good men : and how by religious pretexts of saving the peace of great brittain they have irreligiously involved us all in a most pernitious warre . tantum religio potuit suadere malorum . curs'd man , what canst thou hope for , what desire ? to thee christ brings a sword , his gospel fire . be man no more , abjure thy wretched kinde : lest mannah poizen , sun-beams strike thee blinde : by h. p. esquire . london : printed by fran : neile , in aldersgate-street . . reader , i have lately seen in print an apologie for such ministers , and people , as out of conscience did not observe the thanksgiving-day dedicated by the parliament to almighty god , for giving us victory against the scots : and the apologist had prefixed this title in his front : sad and serious politicall considerations touching the invasive warre against our presbyterian protestant brethren in scotland , their late great overthrow , and the probable dangerous consequences thereof to both nations , and the protestant religion . as soon as i had read it over ; i saw heavy , and bitter charges in it against the power now governing , and by consequence against our nation , and religion , but all was built upon such premisses , as were left utterly unproved . i doubt not therefore but all schollers will deride the author , as void of wit and ingenuity : and will think that pamphlet unworthy of an answer , which can challenge nothing besides a flat denyall . but when i consider the multitude , who scarce discern betwixt arguments and invectives , or points that require solid proofs , and such as sometimes are not worth prooving : when i consider this multitude may be dangerously imposed upon by confident writers indeed , such as have effrontery enough to grant themselves any thing under dispute : i dare not be wanting to a distressed cause , and vitiated truth . what the apologist though affirmant has left unproved , viz : that the parliament has broken covenant with the scots , and made an invasive warre upon the presbyterians : the same i though respondent shall endeavour to leave disproved . and i hope i shall remonstrate by something more then averments , my antagonists best arguments : ▪ that the covenant was first violated by the scot● , and ly , that this warre of great brittain was raised by the presbyterians . of the covenant . about . or . yeers since , the late king began to take arms against the scotch nation upon ecclesiastical quarrels , but his successe was so ill therein , that he could neither hopefully pursue , nor yet handsomly compose those broils . the reason was , because his popish subjects could not , and his protestant subjects in england would not support him with their effectuall assistance in that causless warre . so this parliament was then convened to extricate the said king out of those difficulties : and had ●here been any other remedie that possibly could have releasd him ( so intangled , as he then was ) either by pacifying the scots without force , or forcing them without pacification , this remedie had never been thought on : for there was nothing in the world more adverse to his tyrannicall ends ; then the freedome , and controuling authority of that high court . long it was not therefore after the sitting of our great councell , before the said king gave open testimonies , how odious it was to him to see his boundles prerogative so checkt : nay many months had not elapsed before disgusts had hacht & ripend bloody & dangerous plots against the whole representative bodie of our state , . armies were now in the north out of all military imployment , and this put the king in some hopes , that either one of them or both might be woone to his partie ; and so help to rid him of his loathed rivality . strong endeavours were used accordingly : but god blasted them all : the scotch army thought it too horrid a thing to attempt the ruin of that court which was so true to their preservation , and so assured to the ends of their late declaration : and the english army durst not attemp● any thing , having the power of london to mate them before , and the scots behinde , yet the parliament truly apprehending danger from these , and other like machinations to for●ifie themselves the better , frame a protestation for all the people to take , and whosoever should refuse the same , he was voted unfit to bear office either in church , or common-wealth . this protestation was taken in . and the protesters did thereby in the presence of almighty god binde themselves to defend religion , the king , the parliament , publick liberty , the union , and peace of the three kingdoms , with a clause to be assisting to all that adhered to this protestation , and to be at enmity with all its opposers . the king stomacht much this new way of imbodying the people in leagues , and parties , and knew well that the contrivers of it intended it for a combination against his unlimited pretensions : but seeing his interests were here as specially provided for as any other , without any insinuated subordination , and that it left his pretensions as unprejudiced as they were before : he smothered much of his distaste against it . ordinary affronts , and misadventures did rather quicken then quash this kings resolutions , wherefore upon this account he made the more haste into scotland upon some concealed reasons of state : and his hope was , that by his passing through both the armies in the north , he should finde an opportunity to be his own negotiater with all the chief commanders . all these royall arts neverthelesse miscarried , and were not able to debosh the armies , for either the commanders were jealous of the soulderies integrity , or the souldiery of one army suspected the sincerity of the other , or else the parliaments sollicitations proved as efficacious , as the kings : somthing there was that concurred to the abortion of that mischief . the king therfore speeds away to scotland with super●etations of further plots in his unquiet head ; but his old fate still accompanied him , for there he was soon disburthened of some of his monstrous conceptions , to the great detriment of other men : but he scarse ever prospered in any one designe for the advancement of himself . some noblemen that were invited to a bloodie supper , got timely advertisement of the royall assassinators , and so by flying privily out of edenburgh secured themselves : but that ever to be execrated insurrection in ireland , by the irish papists against the british protestants , came to effect at that time ; and t is known well enough that the chief actors in that tragedie alledged a commission from the king under the great seal of scotland , to justifie all that they then perpetrated . here was an issue of blood spent , that is not stanched to this day : little lesse then christians were sacrificed , and devoted to slaughter by that commission ( and the king himself never took any effectuall course to wipe off that stain ) but what prosperity has that dismall deluge of blood brought at last to the kings cause ? hitherto the king keeps from open defiance with the parliament of england : but now gods flaming minister of warre begins to brandish his sword against this nation : now the king is returned from scotland : and now begins the year . wherein arms are openly taken up , and avowed on both sides . scotland for two or three years before had seen war , but without slaughter ▪ ireland had been miserably the yeer before imbrued with slaughter , yet saw no war : but england must now prepare her self both for war , and slaughter . at the first harnessing , and making ready for the field both sides pretended to be on the defence : and both pretended to stand for the defence of the same persons , and rights ; the parliament declares for the kings rights aswell as the subjects liberties : and the king for the subjects liberties , as well as his own rights : the matter of the protestation is the cause they both ●ight for ; insomuch that by their professions it might be thought the protestation were equally favoured by both . neither were their successes much unanswerable to their professions : for after a bloodie battell fought neer keinton in octob : and another hot encounter at brainford , and after divers other conflicts in severall other places of the northern , western , and middle counties of england either side got blows , but neither side carried away any great advantage , or conquest : only the kings secret correspondence with the irish began now to grow more evident , as well by their declaring for the kings pretences , as by his diver●ing the preparations made here against them . at this time the threed of the kings councels was exceeding finely spun , the more zealous he seemed against the i●●sh openly , the more zeal he attested to them privately , and they themselves could not but see by the kings seizing our irish provisions here , and assuring himself of our forces sent thither , that the more we exhausted our selves in sending supplies against them , the more unable we should be in the end either to resist the king here , or to reduce them there . howsoever as was noted before , though the most subtill threeds of the king , were strong enough sometimes to fabricate toils and nets for his subjects , yet they never could be twisted into ladders for the mounting of him to his aspired grandour . about the beginning of the year . another black desperate designe against the city of london was discovered , scarce inferior to any of those former impregnations of the kings inraged brain : whereupon the parliament again had recourse to this new religious guard of vowing , and covenanting . and herein after the covenanters had humbled themselves before god for the nations sins , and judgements , and promised by gods grace to endeavour for the future , an amendment of their wayes , they the second time ingaged themselves by vow , and covenant , in the presence of almighty god , to be adhering faithfully to the forces raised by the parliament for defence of religion , and liberty . &c. but notwithstanding the vertue of both these holy remedies against the kings uncessant stratagems : about the latter end of the same summer the parliaments affairs came to a great declination , and till they obtained aid from the scotch nation , their condition was thought very tottering . in august the english commissioners began to treat at edinburgh : and about the depth of winter the scots advanced with a compleat , well appointed army . yet this may not be wholly pre●ermitted , that the scots were long deliberating about their march , and though they saw their ruin involved in ours , and their faith no lesse pre-ingaged to us for mutuall assistance , then ours was to them : yet they advanced not at last but upon these strict conditions : . that we being then but a wasted part of england , yet should presently imburse them out of our afflicted affairs with a great summe of ready money : ly , that they should be payed as mercenaries , and yet have a share in government here , as if they were our joyntenants . and ly , that we should enter with them into a new solemn league and covenant upon oath , as it was by them composed , and conceived . so disproportionable , and unsuitable is their amity to their enmity : for when they had a pretence of a quarrell contrary to former treaties with england , in . t was in their power to invade england readily without assurance of present advance-money , or establisht pay afterwards : and such able enemies we found them in all ages : but when they were to be ayding to part of england , in observance of former treaties , in . there is no moving in such a work without ample covenants : so much more difficult amongst them is the enterprise of helping , then is the enterprise of undoing . it is manifest now , by that which has been hitherto premised , that the first occasion of flying to such conscientious tyes and expedients as these , was that the late kings plots , and conspiracies might be thereby the better disappointed , and that the people might be thereby the better confirmed in their opposition against him . and this makes it now seem the more strange to us , that the scots at present should make their covenant so main an engine for the king against us , which at first was certainly excogitated as a main engine for us against the king. ly , it is hereby as manifest that the scotch covenant which is now insisted on by that nation , and was pressed on us at first with so much rigor , did add no new obligation at all to the english : religion , liberty , monarchy , and the peace of the nations were as much secured before , and as sanctimoniously by the protestation in . and by the vow , and covenant in . as they were afterwards by the solemn league and covenant , when the scotch army was to enter england . ly . we cannot observe by any remarkable blessing from heaven , that the hand of god did ever give any gratious testimony in behalf of these new sacramentall obligations . the protestation was thought ineffectuall till the vow , and covenant came in with a greater supply of religion : the vow , and covenant was not able to break the kings armies till the solemn league of scotland had superinduced its further sanctity : and when that was superinduced and came accompanied with armed men from scotland , the king subsisted , yea and thrived a long time after : and without doubt those oaths which he imposed within his quarters did asmuch service against us , as ours did for us in our quarters . we all know that t was not a new oath but a new modeld army that by gods most gratious hand first gave check to the kings prosperity : and t is not so visible that ever we trampled on the royalists formerly by observance of the covenant , as that we are now miserably ingaged in blood against the scots , by misprisions , and false glosses of the same . the lord of his boundles mercy grant at last that we may return to our old wayes of humiliation , seek to appease that majesty by fasting , and praying , which is to be feared we have provoked by superstitious vowing , and swearing . ly , we cannot finde that ever the people was rightly fitted , or at all benefited by these new sacramentall leagues , or rather politicall sacraments : for in england we had too many that would take the kings oaths when he was prevalent , and the parliaments also when they were prevalent : and in scotland montrosses victory left lamentable spectacles of humane treacherie and impietie as to the covenant : no sooner had he in . woon one pitcht field but the nation generally flow'd in to him , to submit unto his new royall bonds , with curses upon them that had forcibly clogd their consciences by contrary ones before ; and no sooner had d : lesly routed him , but the same people again shifted montrosses bonds with detestations as high , and bitter , as they had the parliaments before . this is a prodigious example , exceedingly to be deplored not onely by the scots , but by all mankinde . but to proceed : the breaches , and hostilities which at this day are sprung out of the covenant betwixt the covenanters of both nations are too visible : the question is therfore , whether we shall charge these mischiefs upon the ill composure of the covenant it self , or upon the malice of the covenanters : and if upon the covenanters , whether are more guilty the english , or the scotch ? and first as to the covenant it self , it seems to me that even that was not compiled so briefly , so clearly , and so impartially as it might have been , and that has given some occasion of stumbling to some : but certainly blood had never been drawn by brethren so leagued together , as we are , had it not been for the ignorance , arrogance , and high injustice of the covenanters . antiquity which was famous for ingenuity , had not any use to charge their humane contracts , much lesse divine , with so various and heterogeneous branches , as this covenant is charged withall : some points of it are divine , some morall , some civil : some are of higher , some of meaner concernment : and all of them thus odly compacted together swell it up into too rude a lump . moreover , since variety of parts made it more grosse , and by consequence more obnoxious to doubts , and intricacies , there ought to have been more care to distinguish betwixt those parts which were coordinate , and those which were subordinate : and in case some provisoes proved inconsistent with others , it should have been predetermined which should supersede , and which should be superseded . the king by one clause , as he is king , is to be maintained equally with religion , &c. yet by another clause , as he is a profest enemy to the covenant , is to be pursued by arms , and brought to condigne punishment . the safetie of religion may possibly be irreconcileable with the safety of the king : and the safety of the king confessedly owes a subordination to the safety of religion : yet it is left dubious by the covenant how far the inferior here shall give way to the superior . the unity , and peace of the nations is the scope of one article in the covenant , and that article had a high place in the intent of those which indighted the covenant : yet neither does this article condemne all war as unlawfull betwixt the nations , nor yet prescribe when it may be judged lawfull , nor by whom . the scots by one interpretation of the covenant are more strictly imbodied with us then formerly , and so to be assisting in our reformation : yet by another interpretation , they are to maintain to us our nationall rights , and not at all to interpose in judging of our english affairs : and how can they reform where they may not judge , or how can they judge where they have no propriety ? or how can they challenge more by vertue of this covenant-union in england , then we do in scotland ? or how can confusion of interests be introduced , where there remains a coordination so equally , and justly preserved ? in the next place , there is a palpable partiality in the covenant whereby is easie to be perceived in which nation it received its being : for the church of england , and ireland are to be reformed , but the church of scotland is to be preserved in its perfection of doctrine , worship , discipline , and government . in summe , all three nations are to purge away whatsoever is contrary to sound doctrine , and the power of godlines : and the only true standart for such purgation is the book of god , and forasmuch as that is as truly a standart to the scots as to the english , they , though the covenant prejudges and presumes them perfect , are to be tryed by this book as well as we are , and as that which is defective in them must be rectified by this standart : so that which is not defective in us must be justified by the same . we conclude therefore justly , that either the article it self pre-judges us , or is by them ill prejudged when they assume , that we are to conform to them , more then they are to conform to us : for so much as there is but one only book to which we are bound equally both of us to conform ▪ and of that book they are no more authenticall interpreters then we are . these exceptions , and perhaps more , might be taken against the covenant it self , and the manner of obtruding it : but we fix not hereupon , nor will we mention it , as to the genuine intent of it , without reverence : the main offence that has been given to the world , has been given by the takers of it in a false sense , not by it self . the inquirie therefore at this time is , whether the english , or scots , whether the presbyterians , or independents are most blameable before god , and men , for the scandall which has been given by occasion of this solemn league , and covenant . for the better discussion hereof , we shall do well to observe , first , which of the parties has been most clamorous against the other ▪ ●ly , what the principall matter of those clamors has been ▪ ly , what may be most probably aymed at by the raisers of those clamors : ly , what the issue has been ▪ as to the first it is apparent , that the scoch presbyterians , were the first compilers of the covenant , and that they still continue to set a sacred value upon it , even unto a great degree of superstition : and t is as apparent , that they had not been so strangely transported with rage against us , but for our attributing lesse then they do to it . the covenant is their word in the day of battell ; the covenant in specie is carried along by their priests , when they march into the field , as if it were held oraculous , and had the same presence of god ingaged to it , as the ark had amongst the jews : the covenant in law is made transcendent to an act of parliament ; nay if both nations should agree in one act of parliament , that act could neither make more intense , nor more remisse the obliging force of this covenant . this covenant is sometimes call'd gods covenant , and inscribed by the scots in the same table with gods covenant of mercy to his church , and therefore when they will animate the people against us in war , they tell them that god cannot deliver up his turtle dove , and his covenant into the hands of such enemies . now because we come not up to this hight of adoration , we seem despisers of the covenant in the scots eyes ; and because we seem despisers of so holy a thing ( accounted by them the very soul of religion , and policy ) their gall flows out most violently against us . they tell us ▪ we have brought great scandall , and reproach upon the name of god , the name of his people , and the study of piety ▪ that we have not onely broken the solemn league and covenant betwixt god and these nations , but have in effect rejected it , and trampled upon it , are become enemies to all the ends of it , yea persecuters of the servants , and people of god for their adherence to it . this in effect has been their burthen against us for divers yeers , though it be as void of truth , as it is of charity : and though we ( who may more justly instance in this , and divers other things as breaches of the covenant on their parts ) have never made the covenant any ground of quarrell , or reproach against them . t is far from us to under-value the covenant : we hold it a religious tie of mutuall assistance betwixt the nations against the common enemies of religion , liberty , and union , and so we think honorably of it : only we make it no spell , nor idol : nor can we beleeve that it ties us to any duty , which our pretestation , and vow , tied us not to before , nor did our protestation , and vow create any new duties to us when we first entred into them . in the next place , though there be many heavy breaches of covenant ubrayded to us : yet all of them resolve into these two , that we make not good what we have covenanted for either to god , or to the king . they could never say till this last summer ( nor can they truly say so of us last summer ) that we ever entred their countrey to disturbe their peace , to claim , or usurp any share in their government , to lay taxes , seize towns , waste villages , and destroy natives amongst them , as they have done amongst us : all that they can object to us is , concerning injuries done to other parties , within our own territories , where by the covenant they have no jurisdiction at all . in the behalf of god , they complain , that our professed faith is nothing else but a mixture of arrianisme , socinianisme , antinomianisme ▪ familisme , antiscripturisme , anabaptisme , erastianisme , and independency : but they know well that for matter of doctrine , we still retain the old articles of our church , without any staggering at all in the least : and for matter of discipline , we are willing to comply with them so far as they comply with gods word : but in this we have our eyes in our heads as well as they , and t is no law for us to damne the opinion of erastus , or the person of any independent , because they by them are dishonorably spoken of . the truth is , the independent departs not so far from erastus , as the presbyterian : and erastus is no freind to the supreme power of synods , nor the uncontroulable dominion of priests ; and this makes the independent so injurious to god , otherwise call'd the kirk , otherwise call'd kirkmen ; were it not alone for this sin in the independent , arrainisme , socinianisme , &c. ( though we were therewith more infected then the scots , as we are not ) would make no breach of covenant at all amongst us . in behalf of the king , they complain , that we have treated him not onely as an enemy to the covenant , but also irreconcileable to the very being of our state : and hereupon they take upon them to bewail the hard condition of the english , that they are loaded with so many , and so great taxes , and subjected so rigorous , and obdurate laws : which shall receive answers in due place . but in the mean time , t is neither the kings , nor the peoples sufferings that stirs such a deal of compassion , and zeal in the bowels of our fellow-covenanters ; t is the change of our government , by which they perceive at last , they themselves are verie great loosers . the truth is , the difference betwixt the king and us heretofore was of great advantage to them : and this advantage ( though it was no property , or right of theirs , but a wrong , and damage of ours ) is now faln away from them . the king shall now have no more occasion to give them pensions in scotland , nor gratifications here to do us dis-service in behalf of his prerogative : nor shall we be any more bound to hire their service against the crown : and we must know , that these double offices , or ambidextrous versatile arts of doing services , and dis-services was as great a revenue to them ( especially since these last troubles ) as the intra does of all scotland . now this therefore in the third place , may save us our labour of further inquiry about the ends , and aims of the scots in their exclamations , and expostulations against us , when they contest in behalf of the covenant . we see what the clergie in scotland , and here , are so thirstie of , they would fain have consistories in every parish , where they might have a free power to dispence the ordinances of christ to such as prove observant of them , and to cast out all that are not submissive enough : and for fear lay judges should ballance too much there , they would have classes above better defecated of such secular persons : and for fear lest those classes should be controuled by parliaments : they would have assemblies above all to act for christ in all matters whatsoever military , or judiciall , wherein christs throne , that is the kirk may be concerned . no protestant bishops ever aspired to so sollid a power on earth : nay except in the popes own patrimony , where he is a prince , no bishops in europe und●r any other lay princes are allowed to sit and act so independently , upon a commission so large , as the scotch assemblies do : and therfore we cannot wonder if such a new hierachy , as this of the presbyterians be so desirable amongst our kirk-men . furthermore , when such impetuous appetites of all the clergie in scotland , backs with some thousands of ours in england , shall also fall in at the same time with the interests of so many of the nobility , gentry , and souldiery in scotland , as drove a very thriving trade heretofore by siding sometimes with the king against us , at other times with us against the king : and these things can be no other way compast , or pretended to but by the ambiguous sense of the covenant : we cannot wonder , if the covenant be held so venerable a thing as it is in scotland , and made the price of blood and war , as to every puntilio in it . more then this needs not be said of the scotch presbyterians , if as much could be said of the english independents , and that they may have as fair hopes , and probable ends against the scots by suppressing the covenant unduly , as the scots have against us by inforcing it immoderately : i would willingly quit this as a nugatory , weightles presumption . the last thing that may deserve to stay and take up our thoughts a little is , the issue , and event that both sides have met with , and this may justly sway our censures in such a question , as this is . the king being driven to extremities in oxford , and being privy to the differences betwikt both nations about some constructions of the covenant , chose rather to cast himself into theirs then our hands ▪ and we cannot imagine that the king which so hated and feared the true intent of the covenant , would rather intrust his life to those which he thought more true , then those whom he thought more false to the covenant ▪ but what successe had that trust of his ? it cost him his ruine in the end ; for they which interpreted the covenant for his purpose whilest he was to put ● great prize into their custodie , soon found out a contrary interpretation , when the parliaments money out-weigh'd that prise . this end their animating him divers times against our propositions tendered , when the king was thereby , and by other secret correspondencies rendered more dangerous to us , and more uncouncellable to himself was fatall to him . but now since in favour of his son the former interpretation is resumed the second time : how has the case been altered ? the case in truth is even thus , the young king has repented of his coming amongst them , the kirk begins to repent of his admission amongst them : the hand of god has been heavy upon both : and t is almost come to this , that the most conscientious presbyterians in scotland must read the covenant in a new sence amongst us : whilest all the rest must lay afide the covenant wholly amongst the ancient , professed enemies of it . i will not strain this argument of successe too high : but this is to be remarked , that the successe here put , is not ordinary , or meer successe : forasmuch as it has been sent from heaven after solemn appeals thither made by two religious parties , and as the honour of god was much concerned in it , so the manner of sending it was more then ordinary . we draw nearer now to the covenant it self , and shall consider it first in the whole , and then in its parts . the first clashing we had with the scots was about the right which each nation had past to the other meerly by joyning in such a mutuall , sanctimonious stipulation : for when we objected to them upon severall occasions , that they interposed too far in the affairs , and councels of england , they as often gave us this answer , that we were not since our conjunction with them in the covenant and treaties to look upon them as strangers , or so far distanced , in the interest of england , as they were before . this was at large refuted , and silenced by the parliament , and therefore little need to be said in it : and indeed leagues , and pacts are common amongst all other nations , yet no man ever argued such a state is united to such a state as to such a particular war , or as to the attaining of some other particular purposes , therefore they are incorporated into one state , and united as to all other purposes whatsoever . this is ridiculous : sense , and experience is sufficient to explode it . and if the scots plead further , that there is something extraordinary in this bond of the covenant , which knits faster , and closer then all other bonds : proof will fail them herein : and yet if proof were not failing : their equality of interest with ours in england would not follow notwithstanding . for either the covenant has reduced our two states and dominions into one , or not . if it has not ; then the english mans interest is as intire , and remains as distinct from the scochmans as it was before : confusion of properties is a thing as abhorred in policy , as a vacuity is in nature . but if both the governments by our covenant adunation be compacted into one , and the same : then where is that one and the same supreme tribunall , which is equally to determine all nationall disputes , and may legally challenge submission from all aggrieved parties ? should an army be committed to . generals , and the commission specifie nothing concerning the partition of their commands , and prevention of their rivalities , nothing but ruin could be expected . therefore the very letter of the covenant was so far from intending to take away all severality from us , that it clearly puts each nations liberties and rights amongst those other things , which it proposes to it self to save by this promised assistance of each nation : ordring likewise this assistance , that no man should yeeld the same otherwise then in his severall place , and calling , and according to all our severall places , and interests . t is the more immodesty also in the scots to arrogate to themselves an equall share in the rich common-wealth of england , which the english never made any pretence to in the like barrener soil of scotland . but if a moity of our english government in all cases whatsoever be not due to the scots , as they are our brethren in covenant with us , and equall parties in the same stipulation : yet in the next place we cannot deny them an equall share in the judgment of the covenant , and all disputes about the same . if they be contractors with us , and by vertue of the same contract are as well inabled to require performances of conditions from us , as they are obliged to perform conditions to us , it stands with all manner of equity and reason that they should have as great a latitude and freedom , as we , in determining what is to be performed on either part . we deny not to the scots the same extent of judging in england , as to covenant differences , which we claim in scotland : this onely is denied by us : that either they are as properly judges of matters in england , as they are in scotland , or we in scotland , as in england . this was the fallacy that should have blinded us , but there is no such great depth of sophistry in it . the states of england and scotland are equally independent ▪ & the covenant cannot grant to one equall a jurisdiction over another . so long as both nations stand upon equality , and confesse no superiority to be in either : so long it is vain , injurious , and against the ends of the covenant for one to passe sentence upon the other . t is vain , because the sentence has no operation at all , the party sentenced protests justly against it , and all third indifferent parties look indifferently upon the sentence and protestation . t is injurious ; because he that condemns his equall , does that to another , which he would not have another do to himself : and if there be no other superior judge on earth , he intrud● into the chair of god himself . lastly , t is against the covenant , because the intent of the covenant is to settle peace , and amity by offices of justice and humanity betwixt the nations : whereas there can be no end of controversies and hostilities , when sentences shall be spoken against parties that are no inferiors , and that by parties that are no superiors . the scots therefore in this have been exceedingly too blame , and there is no doubt but the ruine of the king , and all the late miseries of their own wasted countrey have been derived from this strange insufferable arrogance of theirs . t is frequent with them to protest against the parliament of england as no lawfull authority ; to denounce against all the souldery of england as sectaries , rebels , and regicides ; to upbraid all the gentry , and comminalty of england submitting to the present government , as men that prostitute their consciences to a sinfull shamefull thraldome : to incite all the presbyterians , and discontented persons in england to the kindling of new flames amongst us . and this is more then to invade a moity of the legislative power of england , this is to seize all : this is more then to claim a jurisdiction in covenant affairs , this is to in vas● all us totally in all cases whatsoever : this is more then to pronounce judgement against us at home in civill cases , this is to pursue us with fire , and sword , as well forrein , as domestick . should our nation now descend to the like outragious recriminations , or rather feminine altercations ▪ being first provoked , and having juster grounds , what an odious noise would this trouble all europe with ? well : but still there is something to be said for the scots : if they may not call us to their own barre , as they are our fellow covenanters , and as they are equally parties in so religious a league with us , yet there is another bar to which they may cite us , there is still here upon earth a barre of common equity and reason ; and at this bar●e the english are accountable for all their delinquencies against the covenant . to this we agree , and shall appear a● is required by the citation . the late king some years before the eruption of these troubles had made many dangerous attempts against the purity of the protestant religion , and the liberties of the subjects in all the three nations . now in . when arms were taken up on all hands either for assisting , or opposing the king in those his designes against religion , and liberty : the covenant was formed by that party which rose up against the king , and the main , primary use , it was formed , & intended for was to protect religion , and liberty against him , and his adherents : the formers of it also at the same time took notice , that the cases of religion , and liberty could not be well separated , forasmuch as the king if he prevailed against the one , would more easily prevail against , the other . religion was the richer free-hold , but liberty had the stronger fence to preserve it from the violence of intruders . it was likewise visible that religion would make the people more zealous for liberty , and liberty would impower the people the better to defend religion . besides , suppose the taking away of the people , and you suppose with all the taking away of religion , and suppose the taking away of liberty , and you do in a manner suppose the taking away of the people ; for the life of a bodie politick consists not in living , but in living free . the covenant therefore primarily , and ultimately proposes to it self the safety and prosperity of the true protestant religion in the safety and liberty of the three nations , and the safety and liberty of the three nations in the safety and prosperity of the true protestant religion . all other articles in the covenant are but secondary , and subordinate hereunto : and they are to have respect from us not as they stand higher , or lower in order , but as they are more , or lesse serviceable to those higher purposes , for which they were at first ordained . upon this ground , that branch in the covenant which obliges us , to seek god in this sacred ingagement by a speciall amendment of our lives , and reformation of our own private wayes : at such a time as this , merits the honor of the first place . and next hereunto worthily may succeed those . branches by which the nations are so strictly confederated in peace , and amity : and by which all parties to this confederation have past their solemn pacts to be assisting to each other , & bringing all opposites to condigne punishment . that branch which was inserted in favour of the king ( at that time the principal enemy of the covenant ) and for saving of his prerogatives ( so desperately at that time disputed by the sword ) if it could challenge any place at all , could certainly challenge none but the last and lowest , how soever the scots had ranged it , and do still propugn it . nothing surely could more cloud the meaning of each part in the covenant , or more pester , and perturbe the whole frame of it , then this insertion . the same oath to god now binds us in one clause to pursue with fire , and sword all that are enemies to this oath , and yet the grand enemy of this oath by another clause in the same oath , is preserved inviolable : nay that clause which preserves one enemy , has a local preference before , that which pursues all . hereupon if a commission be taken from the king to destroy this solemn league , he that takes it dies ignominously as a traytor , but he that gives it , has that indemnity given by the covenant , which his kingly office could not have given him . the very penning also of this article leaves us very dubious , and perplext , how far the kings royalty is saved to him : for the saving is not absolute ; but refers to some thing in order above it : and that is the saving of religion and liberty ▪ here therefore two new doubts meet with us to intangle us : . in what degree the king may be proceeded against , when in such a degree he indangers religion , and liberty : ly , how we shall exactly judge of these degrees , when our judgements are wholly left at liberty , without any limits , or marks set by the covenant . the scots have proceeded so far as to imprison the kings person , and to sequester all his royall power , which is a temporary dethroning , and deposing ▪ because they suppose religion , and liberty was so far impugned by him : but they suppose that from an imprisoned , sequestred king no further offence , or danger can arise : and therfore he ought not further to suffer . this is sufficiently erroneous : but this is not all yet , for they will not only thus expose religion and liberty to greater hazards in their own countrey , but they will over-rule us with their errors , and inforce us to run the same hazards in our countrey likewise : and this is more , we are sure , then the covenant enforces us unto . and doubtles this is very hard . for besides that there is no nation , nor scarce any individuall person in any nation , who is not judge of his own danger : in this case our judgement is wrested out of our hands , and resigned into theirs , who are the creators of our dangers , and have declared for , and thereby diverse times exasperated our greatest enemy against us . in novem. . before the covenant was consummated , the lord generall essex moved in parliament for the shortning of our war , that the king ( who perchance was then encouraged to prolong the same out of hope of impunity at last , in case his arms should miscarry ) might have a peremptory day set him to come in , or else to know his danger : and this was consented to by both houses , but obstructed by the scoch commissioners : what service was done to the king by this obstruction of the scots , and divers other the like ambidextrous dealings , since that time , and how much longer the war was protracted by it , and how much mischief the same has at last drawn upon the scots , as well as us , time has clearly enough demonstrated . and yet still , upon this the meanest , and most intricate article of the covenant , they think they may break the unity , and peace of great brittain against one of the most indisputable , fundamental tyes of the covenant , and that onely to shew their zeal to an anti-covenanter : which is a breach as indisputable , and fundamentall , as the former . the intrinsecall form of the covenant binds one party to assist the other against a common enemy : it binds not one party to be assistent against the other : for how can that be call'd assistence , which is direct opposition ? besides , it binds specially to assist against such an enemy , as is injurious to the others right , freedom , and property : and can the scots perform this bond to us , when that which they call assistance to us , is opposition against us , even by taking away our right , freedome , and property ? for what right can remain to us , whilest we are subjected to their forces , what freedome , whilest we are to be judged by their discretion ? what property , when we have lost the independency of equals ? certainly if we covenanted with the scots as equall parties , we did not covenant with them , as superior judges ; and if we had so covenanted with them , our covenanting by oath with god had been superfluous , but we hope that will not be held superflous : and therefore we will not endeavour to assoil our selves before the scots , we will onely in charity let them know , how we have hopes , to be assoiled before god . the change of government in england , which could not be without the execution of the late king , and rejection of his posterity ( more then they could be without change of government ) was urged upon us ( and god , before whom we plead , knows we had not long premeditated it before , nor imbraced it willingly at last ) by two unanswerable , irresistable arguments . the first was drawn from our duty to god : the second from the naturall , necessary care of our own preservation . the first argument pressed us hard , that what god had commanded could not be reversed by any act , or pact of man : that god had commanded us , to punish blood with blood in all persons whatsoever under the power , and force of our laws : and therefore our covenant could not exempt the king himself ▪ if it be said , that the king of england was above all law ; that has been disputed by the sword these many years , and decided for us by signall victories : and the scots have appeared as far upon that triall , as we have done ; and after that triall , t is unequall for us to descend now , to any other . we prescribe nothing to other nations , whose kings have a legislative power , and thereupon are solati legibus , and have their very wils interpreted , and observed as laws : nor do we censure such states as have princes subject to laws , yet use not rigor in all cases whatsoever . we are willing that every one should stand , or fall to his own master . onely , when immuring , sequestring , deposing , impoysoning of princes has been very frequent in the world , that no nation can be excused thereof at some time or other : this seems beyond admiration , that our judiciall , publick execution upon the late charles should undergo an harsher censure then all these , meerly because it wanted not the due solemnities of law , and justice to attend it . may a prince be reduced from his publick capacitie , and when he is made a private person shall he be treated so , as no private person may be treated ? shall he be subjected to clandestine , unlawfull proceedings , belowe the right of a common person , because he was once more then a common person ? and shall either jurists , or statists that have any insight into the laws of god , and nations , stand for a secreted veiled justice , such as blushes , and dares not shew her face in open court , yet passe neglects upon that justice , which as far abhors darknes ? and disdains the use of masks ? our next argument was drawn from the hard necessity that was incumbent upon us for saving our selves from utter ruin . divers times we had made humble addresses to the king for a cordiall pacification , the lord knows our sincerity therin : and the scots that are now our accusers were for divers years our witnesses in that behalf : but before . the k : had too much confidence in his english , and irish abettors , and so would not hearken . in the year , . the kings english forces in england failing , we made new addresses at newcastle , where the king was in the nature of a prisoner : but we soon found at newcastle that the kings confidence was still supported there also by something that had been infused unto him by the scots , and so that hope prooved frustrate likewise . the dealing of the scots herein was very close , the english that were in commission with the scots for governing the affairs of that army in the scotch quarters , knew nothing by what invitation the king was drawn from oxford thither , nor to what purpose montreil the french agent was there solicititing ; but when our propositions were rejected , and that the scots ( who joyned with us in tendring them ) began to dispute the kings interests , & their own against us in other things : and that their learned mouth louden professed against the rigour of our capitulations , in the same elaborate oration to the king , wherein he so zealously laid open the necessity of them , we could not but discern a halting in that nation : and that that halting had as strange an operation upon the king . the king thought now he had gotten as great a strength of scots in the north , the same being likewise fain away from our strength , as he had lost of the english at nasby , and in the west : and for our parts , had the scots been gold-proof , we should have thought so too . the disposing of the king was the matter in question : the scots were not desirous to take him into scotland , nor would leave him in england : but being under our pay within our own territories , where we had publick persons in commission with them : without the parliaments or their commissioners consents , they would be a guard to him in england , till their parliament at home were further satisfied . in the mean time after a long consuming war ended , england was constrained still to pay and maintain two armies : the scotch to prevent a new war if that were possible , the english to sustain a new war , if prevention proved unpossible : so that every moment was irksome to us , whilst the kings pretentions was an occasion to draw so much treasure from our coffers , and it was as irksome to the king to see the scotch arrears , or any thing else besides his pretentions brought into debate , but at last the scotch arrears took place , and justled out the kings matters ; for after a great sum agreed upon , the scots quite contrary to the high expostulations of some of their papers , thought it honorable to leave the king in england , and the english thought it as profitable to buy the scots out of england . this probably might prepare the king for new pacificatory addresses , partly by damping his hopes in the scots , and partly by defeating the next privy applications of the scots to him : and partly by giving a better rellish of the english whose prisoner then he was , & yet had been treated very honorably ; but this would not do , new propofitions were once and again sent , and denyed , and new assurances from the scots were admitted , which procured thosy denyalls . nay , after that hamilton in . commission'd by the parliament and presbyterians in scotland , had invaded us with men , and was beaten , and a new party of kirkmen of a contrary party to hamilton , had gotten the sway of the state into their hands , by the help of our forces who pursued the hamiltonians beyond the tweed ; the english still received further repulses . so vowedly inflexible was the king against all that could be tenderd by the english , though even when his condition was grown lowest , and the parliaments propositions not at all raysd higher , and so vowedly obstinate were the scots , and all parties , and factions among them upon all changes of affairs whatsoever , to make all agreements of the english with the king , disadvantageous to their fellow covenanters . their voluminous papers yet shew what they pretended to in disposing of the kings person in england : what a negative voice in the parliament of england they would assign to him : what revenues , and signiorys out of the court of wards and elsewhere they would secure to him : what power military , and judiciall they would intrust him with in england : and how all should be managed by the joynt advice and consent of scotland . in summe , the king must again be more humbly sought to then ever : he must be discharged of imprisonment , received in pomp at london , to treat about what we had to propose : and his freedome must be such that he must sent for , and advice with what delinquents he pleasde : if we granted the scots this , we left our selves nothing : if we denyed , all ireland was at the kings devotion , all ormonds , all oneals adherents , all the old irish , all the english irish : all the protestants , all the papists were against us : we had then scarce three considerable towns left in that countrey : in scotland all that montrosse , all that huntly , all that hamilton , all that arguile the kirks champion had any power in , even jo : cheesly himself to get a dubbing at the last hand was for the royall cause : in england the clergie had imbitterd the city , and the city had sharpned the countrey against the army , and against all that had not forgotten the first quarrel with the king . the parliament it self had some leading men in it that had secretly capitulated with the king , and those false leaders had many other ignorant followers that would beleeve no such matter . at such a time as this , when all forrein states desired , and contributed something to our ruin besides ; and the king had as free scope to sollicite and treat them as ever , and did make use of his time , especially to conclude with the irish : what should the army do ? to execute the king , and eradicate monarchy , was to expose themselves to a thousand hazards , and extremities : to spare the king , and monarchy , and submit to the scoch presbyterian faction , was to perish inevitably : to treat with the king brought them upon this perplexity : either they must propose things safe for the state , and then they had no hopes of prevailing : or they must propose things unsafe , which would be sinfull , dishonorable , and ruinous to them , as well as others in the end . i am confident england never travail'd with such sharp throes , or strugled through such gasping agonies since she was first a mother : and none but god could have given her such a deliverance . when the king was retrograde to his trust , and with the swinge of his train had swept all the chief luminaries out of our firmament : when the clergie was generally disaffected , and with their doctrines had almost poysoned all the city , and almost half the countrey , when the remaining part of the parliament that had stoodout the brunt so long , and wetherd so many gusts became recreant at last , then did an army inspirde with strange courage but stranger counsell from above , step in to save their sinking countrey , over-powring all the windes , and waves that raged against them . the wonderfull dispensations of god bringing great matters to passe by such crosse meanes must be observed , and adored by all that are not aliens from religion : and i doubt not but future parliaments in future ages will be amazedly affected with them : but of all men we that now live , and see the effects of that critical time , and what a prospering posture we are now in , within so short a space , in england , scotland , ireland , and round about by the seconding mercies of god since , must needs most gratfully recent these things , except we have sold our selves to atheism & rebellion against heaven . the chiliasts from hence and from the race ordering of all our commotions , since , . & something before may assure themselves that christ is to reign upon earth , and that he ha's already taken the scepter out of the greater warriors and counsellors hands of the earth into his own : for the hills are now plained , and the vallies are raised , and yet there is no humane hand appearing in it . some men thinke all successe unworthy of all regard , as if there were no difference between the administrations of god in his church in times of distresse , and his disposing of other mens ordinary affaires at other times : or as if alexander , hector , caesar , had foyled their enemy by the same inward promptings as joshua , david , and judas machabeus did : but this certainly is an irreligious error : for as there is a generall providence of god by which the course of all naturall things is steered : so there uses to be a speciall interposition of god in some things and is to be acknowledged , when his owne honour and interest is specially concerned : and this speciall interposition is sometimes of the finger of god , when the effects are lesse supernaturall ; but when the effects are more stupendious , and beyond reason ; the scripture it selfe stiles this the making bare , and the stretching forth of gods arme . they which are disaffected to the late egregious proceedings of god in the world will not , but they shall see , and owne this truth . but let us returne to the procedure of our affaires ; when the army saw it selfe surrounded with so many dangers , and insulting enemies ; it began by some faintnesses , and carnall doubts to grow dangerous , and an enemy to it self ; it began to receive suggestions that the removing of a king and kingly power was like to prove more unfeaseable , then to treat a king into reason . and this was likely to have proved the more banefull , because the king by speciall graces was as ready to draw them into this ambuscado as they were prone by their irresolutions , and diffidencies to run into it themselves ; for 't is thought all agreements with the king would have been short lived , but if any had been made with the army , that would have bin but as samsons wit hs , and ropes , which was the reason , that the king , upon whom five addresses of the parliament had wrought nothing , seemed to lay the armies proposals , though little differing in substance , exceedingly to heart : howsoever it pleased god at this low ebbe of things , when the army was weakest , and most apt to be inveagled , and when the king was securest , and had most hopes to inveagle , to break off that treaty , and then was brought on the last with the parliament in the isle of wight ; which when it was likely to overturne all by accepting of the kings concessions ; then also did god make the army his instrument , in preventing that sad conclusion . the debate in parliament after the returne of the commissioners , was ; whether the kings concessions at that treaty had been such , as might make further applications hopefull , or no : and after a very long time ▪ spent , the affirmative was voted . this vote struck a true apprehension of an universall imminent danger into the army ; for , now an accord with the king by the sense of the parliament was to be hoped for , whereas in truth any accord ( besides an absolute submission of the king ) was sufficient to take away all hope ; for since the king unsubmitting , had no visible obstacle betwixt him , and his long , eagerly pursued ends , but the army : and any accord was certaine to discard , or new form that army , the security of all our laws , and rights ; yea , and lives was solely to depend upon the kings honour : and what was honour in his sense , who was so principled , and who had now for diverse yeares waded through so much bloud , and exposed himself , and posterity to so certain a disinherison , only to be true to his principles , any ordinary man may determine ; immediatly therfore after this vote past , the army saw no other remedy to prevent their eminent overthrow but to lay a hand of force upon the affirmative voters in parliament , and to bring the king to a tryall , which were done accordingly , and so both they prevail'd and we were preserved as to this day . some say t was more noble to trust the king too much , then too little : but these consider not that trust is not always alike free ; in this case distrust could ruin but a few , and that by a legall course ; but trust was likely to have ruin'd millions , and the laws to boot . some of the scotts say ; god was able to save religion and liberty in despight of the king : had he prov'd perfidious , and therefore if the king was not to be trusted , yet god was . these consider not that god holds himselfe tempted , not trusted , when we leave the use of ordinary hopefull meanes on earth , and rely upon unprovmist succour from heaven . some say if the king was not to be trusted , yet the army had no lawfull warrant to judge of him , and the parliament , but these consider not that extream , eminent , and otherwise insuperable dangers give private persons ; yea , single private persons , an extraordinary warrant to defend themselves , and others : and this warrant will be avowed by necessity , the exception , that all law admits to be within the reach of no law ; and the danger was here extream , because it concerned life , religion , liberty , and all that could be endeared to man : it was likewise eminent , because another day might have prevented them by disbanding , or some other way . lastly , it was otherwise insuperable ; for that there was no other judge , or hand on earth that could hear and relieve them . others say still , the danger was not so existent or manifest to other men , as to the army . let it be considered by these ; that nature has entrusted to every man a speciall custody of his owne safety ; and there is none of us all , but would be loath that the same should be transferred to another mans care , viz. in cases extraordinary , where legall remedy cannot be had in a common way . in matters of fact , where no full proof can be had , every mans judgement is to be lesse peremptory , and to take in as much of charity as is possible . whether the king would indeed have broken his trust , or no : and whether the army did falsly pretend such a fear , or no : neither of these is matter of law , nor liable to any infallible proof , as to the fact : wherefore i may sin against charity if i passe my judgement against either , but i cannot sin , if i leave the judgement of both to god , and to waite for his determination . some in favor of the king frame conjectures that he was probably very firme in performing because he was so slow , and circumspect in ingaging : and that if he had been lubricous or profuse of his faith , he would not have refused an accord with the parliament so long upon what tearms soever . others make use of contrary conjectures to a contrary purpose ; alleadging that 't was but art in the king to dally , and to trifle away some time with the english , to set the higher esteem upon his constancy , and make them the more assured of his performance : that he was absolutely secure of the englishmens facility , and plain-dealing , and never made any doubt to be received at his own pleasure : that he was never to his last day void of other confidences , or destitute of other plots to compasse his designe by force , that for his fidelity , and the value he set upon promises ▪ and oaths , and the infinite subtilty he had to evade any ingagement whatsoever , scarce any forraign state or prince in europe was ignorant in that point . that scarce ever any just , or innocent man fell under the weight of such transcendent , unparraleld calamities . but i list not to leane upon such reeds , as conjectures are ▪ t is enough for me to know that whatsoever man intends , or acts wickedly and perversly , god orders , and disposes rightly , and profitably ; may he so do for england , scotland and ireland , in all these late mutations . it remains now , that we cleer our selves in point of church-reformation : for having covenanted to reform in doctrine , discipline , &c. according to the word of god , and the patterns of the best reformed churches , we are bound ( as the scots maintain ) to take our pattern from them , and that , we , as yet refuse to do . this is the grand , and most heynous charge the scots have against us : and because we follow not the modell of scotland , which they hold the best reformed church in christendom , they seek to overwhelm us with a thousand calumnies , and labour to possesse the world that wee are nothing else but a lerna of heresies , and a sinck of all uncleannesse . to this we answer , . when wee are bound to reform according to the word of god , and the examples of the best churches ; wee conceive the word of god signifies all , & the examples of other churches signifie nothing at all ; for those are the best churches that reform neerest to the word of god , and what churches have neerest reformed cannot be known but by the word of god it self , so that that instance might have been spared . . if it come to tryal by the word of god , whether the scots reformation be the best or no , the scots therein can challenge no more priviledg of judging , then we or any other church . when we were governed by bishops , the gospel of christ was as purely delivered in england , and as heartily embraced by the english ( any being judges besides the scots ) as ever it was in scotland : and shall it be said , that because wee have cast off bishops , and thereby come some steps neerer to the scots , our doctrine remaining still the same without all innovation , shall it be said that our very approaches have ●●st us backward ? it will be required at their hands who are intrusted with the government of christs church , that his word and ordinances be piously and duly dispensed : and it will be required at their hands who are governed , that the dispensation of christs words and ordinances be faithfully and sincerely entertained : but if the governors rightly discharge their duty , and the governed fail of theirs , the governors shall not answer for what they cannot help ; 't is god that gives the encrease , and does the saving , inward work : the minister cannot go beyond planting , watering , and doing that which is the outward work . 't is one thing therefore for the scots to upbraid the flock , and another thing to upbraid the overseers of the flock , and yet the scots constantly take an advantage against us by confounding these two things . for the people of england , we must confesse they have been of late too much tainted with heresies , and monstrous opinions : pudet hae● opprobria nobis , & dici potuisse , & non potuisse refelli : i hope all good men are grieved and humbled for it ; but let the scots consider , . that growing of tares in gods field , does not alwayes shew that the husband-man sowed ill grain , the contrary rather is true : inasmuch as the more busie the good husband-man is culturing and improving the earth , the more sollicitous ever the enemie is in casting in his malignant seeds , & the more readily eager he is to debosh & mar the crop . it was so with the church of christ in it's infancy ; it was so under constantine in it's maturity ; it was so in luthers dayes , when it began to recover out of a long lethargy : and we must expect the like now , when our aces are set upon the last , and greatest calcination as ever the church saw : as reformation now in the ends of the world , when the chiefe mysteries of iniquity begin to be revealed , will most annoy sathan , so sathan will double his rage to annoy us accordingly . hornius the dutch-man , a great friend of the scots , and who in favour of the scotch presbytery , has written a bitter tract in latine , to defame us in germany ; after he has represented us as the most leprous , contaminated nation in the world ; yet confesses withall , that to the prodigious revoltings of some amongst us , there is an answerable improvement of others in burning zeale , and shining sanctity . in religion beauty and deformity are not inconsistent : those times often which have been most glorious for divine dispensations of knowledge and grace , have been likewise most deplorable for persecutions and apostacies ; and this has ever been a great stumbling block to carnall minds . if therefore the great lyon range and roare , and ramp lesse in scotland then in england , let not our brethren boast of it , or think themselves the more safe . . let not partiality blind the scots ; strangers think scotland ha's as great cause of humiliation as england , if not greater . iliacos intra muros peceatur , & extra ; it were more christian-like in them , and lesse pharisaicall , to aggravate their own sins , and extenuate other mens , then to extenuate their own sins , and aggravate other mens : and if they wil remit nothing at all of their rigour against us , yet let them not stuffe their long catalogues of pseudodoxies with such wandring terms as familisme , erastianisme , independentisme , &c. which taken improperly , may reach the best saints of god , and are seldome used properly by any . 't is a sad thing to offend gods little ones , 't is a more sad thing to deprave many congregations of gods most precious ones . . whatsoever judgement the scots will take upon them to passe against the people in england , yet let them not alway set upon the magistrates , or ministers account what they find reprovable in the people ; let them not call us fedifragous for not redressing things beyond us , and such as none can redresse besides god ; but this has been toucht upon already . let us therefore see what is peculiarly objected to the present governing power in england . the magistrate in england is charged to be an enemie to magistracy , a strange charge certainly . the very last answers we had this last summer to our declarations upon the march of our army into scotland , tell us from the committee of estates , and commissioners of the assembly , that our expedition into scotland is to overturn religion , and government civill and ecclesiasticall , and to set up amongst them the same vast toleration of religion , as we have done in england . now if this were true , the sins of the people would become the sins of the magistrate , but what credite can this obtain in the world . as for the overturning of civill power , that is answered already ; we confesse a change of the form , but we deny any overturning of the thing cal'd government in england ; and wee hope our actions here , and in ireland , and in other forreign parts , yea , & our war in scotland also will quit and essoyn us of anarchy and ere long make the scots swalow downe their own untruths with open shame . as for the overturning ecclesiasticall also , that may be as resolutely and justly denyed as the other ; for that lawfull power which was in bishops before , is still in being ; and though we have not committed it so intirely unto presbyteries and assemblies , as the scots would have us , to the dishonouring of our common wealth ; yet we have preserved it from abolition and utter dissolution . the truth is , in pursuance of our covenant , we have consulted with a synod of divines about the best method of discipline : and they are not able to satisfie us , that the word of god ( the rule limited by the covenant for our reformation ) does invest any convention of clergy-men , who claim to be the only due representants of the church , and immediate vice-gerents of christ , with supremacy of independent power in all causes ecclesiasticall . the pope claims no more in the pale of the italian church ; the popish cardinals and bishops in spain , france , &c. claim lesse ; and the protestant prelates , whom we lately ejected for usurpers , never claimed halfe so much . now the word of god is so farre from holding forth to us any such vast power in persons ecclesiasticall ; that it's information is contrary , viz. that the apostles and disciples of our saviour for many years after his death assumed no more authority on earth then he assumed : that our saviour plainly disclaimed all jurisdiction and dominion in this world : that by pract●se as well as precept , he quasht all rivality about power , or precedence amongst his own dearest followers . besides , if any such spirituall supremacy were vested by divine right in any such representants of the church , and vicars of christ : it were necessary that exact obedience in all things should bepayd them by all inferiours : and if such obedience were due , it would be consequently necessary , that they should be free from errour , else the alleadged supremacy would serve to no great purpose : and we know god and nature produce not great matters , but for purposes as great . this made the romish hierarchists rationally assert an infallible spirit , when they had once asserted an ūlimitable power in the church ; for where the scripture is clear , there needs no soveraign judg , every man is a sufficient interpreter to himselfe : and where the scripture is doubtfull , the doubt is to be cleared by something else of the same indisputable authority , or else that defect is not supplyed , no● can the same submission be demanded . wherefore upon this account we say , that unlesse our supream church lords ( when they take us off from our own judgments , & cannot convince us by divine authority of cleer scripture ) wil not convince us of some other divine authority in themselves of the same alloy as scripture is for the inforcing of our acquiescence : they deale worse with us then the pope does with his vassals . moreover that power in the church , which eclipses , and perturbes civill power cannot be supposed to be of christs institution : but such is the power of the clergy in scotland many ways ; ergo , for first clashings may be about what is purely a civill case , and what is purely ecclesiasticall , and all such clashings are exceeding dangerous . since there are very few cases that are not mixt , and as few mixt cases that are not unequally mixt : great questions may arise , to whether tribunall the case shall be first refer'd when it is equally mixt ; and how the tribunalls shall agree upon executing their decrees , where the case is unequally mixt , especially if the decrees be contrary , as they may be . in the year . the representative state of scotland , voted a war with england necessary : the representative kirk voted the same unlawfull ; which contrary votings might have confounded both , for if the war was necessary , the state might suffer much by the churches seditious malediction : and if the war was unlawfull , yet the people having no more warrant to obey the ecclesiasticall then civill power in matters of that nature must needs be in a strange distraction , and that distraction at that time might have created ethquakes in the whole nation . it should seem want of force in the party adhering to the kirk preserved them at that time from a bloodie ingagement against the contrary party , which might have devoured , and swallowed up all . for as soon as hamilton was defeated in england , the kirk party got help from the english army , and by force wrested the government out of lannericks hands : and then again had not lannericks side been too weak , another flame might have been kindled , and perhaps have continued unquenched to this day . now if the temporal sword be in part spirituall , and the cases of warre be held so equally mixt in scotland , that both the supreme independent councels claim an equall judgement in them , and do sometimes judge contrarily : and there can be yet no certain rule given for the reconciling of those contrarieties : it is manifest , that these two coordinate powers may be destructive to the people : and it is as manifest that no destructive institution can derive it self from god . much more might be said of the encroachments of the clergie upon the laity in cases mixt , by pretending sometimes to an equality of interest in some cases , where the laities ought to be greater : and pretending to all at other times , where the laities interest ought to be equall : the popish clergie scarce ever used more jugling and trumperie in these affairs , then the presbyterian ministery now uses . in the stating of the present war in scotland , the kirkmen go hand in hand with the committee of estates , and in their answers to our english declarations they interpose in all points whatsoever , whether religious , politick , juridicall , or military : and whether they be points of law , or matters of fact . but if a minister preach sedition in a pulpit , this appertains not to the secular magistrate ; for though sedition be a secular busines , and sedition may be preacht by a minister in a pulpit , yet a ministers pulpit sedition is no matter for secular cognizance . was the laity ever worse bridled , when it was the popes asse ? but of this no more , i will onely touch briefly upon the end of all this spirituall coordination , and so shut up this point . the clergie of scotland have spoken great , and magnificent things of the use of their spirituall sword : and the principall allegation for it was , that without such a sword in the hands of the kirk secular princes , and grandees could not be awed , and restrained in many enterprises , and crimes very dangerous to the church . but who can imagine they ever beleeved themselves herein ? when in the processe of all our late wars , that very kirk it self which told the king he was guilty of a deluge of blood , and had made himself , and his throne , and his posterity obnoxious to gods high indignation thereby , yet never offered to strike with the weapon of excommunication all that while ? if there was any correcting , restraining , healing , recovering vertue in that weapon , why did they uncharitably forbear to use it ? why did they not pitie those multitudes of innocents that perished daily under his fury ? why did they suffer the king himself to run on , and die in his persecutions ? and if their pretended weapon had really no such vertue in it , why do they brandish it so ludicrously onely to dazle our weak eyes ? the next objection of the scots is , that we have not onely sequestred a great part of christs spirituall power , and detained it in lay hands , but have also abused the same power ; tolerating thereby , and countenancing all manner of heresies , which is directly contrary to our covenanted reformation . our answer is , that we are neither intensively , nor extensively lyable indeed to this objection . for , . all sects , and scandals are not permitted by us : nothing is more distant from truth , then this suggestion . all grosse sins , and seducers are supprest with as quick severity as ever : nay since the norman conquest there have not been so many sharp laws made against adultery , swearing , blaspheming , sabbath-breaking , and open prophanation , as have been made within these few yeers . all the remission , and relaxation that our parliament has indulged of late is only towards tender consciences , where men comport themselves civilly , and inoffensively towards their neighbours , and attempt to innovate nothing in the church for perturbing of religion ; and even in this also we havenot extended our indulgence so far as the united states of the netherlands have , and divers other protestant princes in germany . the truth is , we do not finde such danger in erastianisme , independentisme , anabaptisme , round-headisme , &c. as our rigid presbyterians suspect : and this would not dislike the presbyterians themselves , if they were men willing to do to others , as they are willing others should do to them ▪ for they themselves are sensible , that we can never desire more gentlenesse from them to us , then is now shewed by us to them . ly , that toleration which we are accused of , is but a non persecution in its most intensive degree : for we use all christian means , besides force , to reduce such as wander , and divide from us : and we are far from cherishing schismes and broyls either in church , or state . our saviours own parable allows us where weeds have gotten head , and are as numerous as the standing corn , rather to spare the weeds for the corns sake , then to indanger the corn for the weeds sake . howsoever , it would be some charity in our traducers , if they would advisedly consider how the growth of our weeds came at first to be so rank amongst us : and thereupon joyn with us in humiliation for it , not exult over us in scorn , and derision . upon the first defiance given by the king to the parliament , half the clergie at least fell away from this cause : and before that rent could be sowde up , there happened a second distance betwixt us , and the scots partly upon a royal , and partly an ecclesiasticall account , and that distance drew on as great a revolt of the clergie as the former . and how can any man imagine , but that strange disorders must needs follow and abound in a church so deserted ? when the dressers of the vineyard do not onely quit their charge , but throw down the mounds , how can it be expected but that bores and foxes should break in ? and indeed the parliament is still ill beset , for either they must deny preaching to the people , to three parts of foure , or else they must yeeld the pulpits to their seditious enemies : and to such as shall seek to wound the magistrate through the souls of the people . this being the parliaments hard case , it may better become the scots , to whom may be attributed a great part of these disturbances , to afford some pitie , and help , then to adde miserie to our miserie . this is sufficient to plead for our indulgence , let us onely advise the presbyterians not to take unjust offence thereat , or to stumble into the contrary extreme . t is wofull to see how rigidly the ministers carrie themselves towards the poore people in many places , and what an absolute discretionarie power they challenge in many places over the ordinances of god . there are many parishes in england where the people have not been admitted to the sacrament of the lords supper , nor some infants to the sacrament of baptisme for a long time . this deserves much bewailing ; for certainly god gave these rich legacies to the diffusive body of his church , for the spirituall comfort of the meanest servants of his , and not to that which cals it self his representative body , to be a trade , and monopolie for their advantage in this world . but i have done : if the world now finde cause to condemne us of dealing treacherously with the covenant , and our fellow-covenanters , in that we have not submitted to the scots , and for their sakes disclaimed our own judgements and interests to gratifie the king , and the presbyterian clergie , with our perpetuall servility : let us fall under their condemnation . or if the world can justifie the scots as pursuers of that union , freedome , and fidelity which was aimed at in the covenant , when they made themselves our lords to give us laws in our own dominions , and when they did not onely raise sedition here in our own bowels , but came in with an army of . men to devour us : let them stand upright here , and injoy their wished triumph . our finall assurance , and comfort is , there sits a judge in heaven , who can neither deceive , nor be deceived , a judge that hears all appeals , made above , and does right at last to all that groane under oppression , and injustice belowe . of the scoch warre . vvee have seen how the covenants waxen nose has been turned and moulded into many forms : wee see now cause to suspect , that 't was made so large at first , and compacted of such materials , that like the grecian wooden horse , it might tear our walls the wider upon its entrance , and discharge the more discords , and dissentions amongst us after its entrance was procured . we see it was intended by the honest party in england for cement to unite the nations in a more arct , faithfull confederation , then ever our ancestors knew : but the couching of it was obscure , and left liable to so many false glosses , that it soon became {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . our brotherly offices of assistance soon degenerated into harsh expostulations : harsh expostulations begat secreet feudes , and secreet feudes heightned themselves into open hostilities . the question is only , when open war commenced betwixt these nations , whether the scots first invaded us by their duke hamilton , above two years since , or whether the english first invaded scotland this last summer under the command of the lord gen. cromwell . for a year or two after reception of the covenant in england , a good correspondence was kept betwixt us : the scotch commissioners sat in our committee of lords and commons at darby house , whereby they were admitted into the knowledge of our highest and secretest affaires , and had opportunity to frame parties amongst us for promoting of their own interests . out of these kindnesses sprung our first unkindnesses , for the more honour was given to the scots , the more still they thought was due , and the more they thought was due , the worse use they made of all that was or could be given them . so all jealousies could not long be supprest , for in time some of our lords and commons saw cause to conceale some things concerning this state from them , and this was extreamly ill taken , and indeed no otherwise then if it had been a reall piece of injustice to the kingdom of scotland ; but moderation as yet kept both within reasonable bounds . mr. a. henderson was then living , and conversant in those businesses , and surely he was a man of an apostolicall spirit , and though a great lover of his countrey , yet he knowingly durst not interpose in an ill action , for his countreys advantage : and i am perswaded he did very good offices and kept us from further jars during his life : and if he had lived longer , would have prevented much of what has hapned since , ▪ besides , presbytery the scotch clergies darling seemd plausible at first to the english , and soon grew indeared to our synod , and for a good space it got such footing in england , that the scots had no cause of dissatisfaction in that behalf . the king also the other darling of the scotch nation , till about the latter end of summer . prosperd so that he more slighted the scots then he did us , and so about him , there was no great cause of animosities : and if any did appear , they were more easily to be digested ; but when the english army under the lord gen. fairfax had in one summer defeated , and utterly broken two very great armies of the kings , and taken in divers other considerable cities , and strengths without any help at all from the scots , many emulous considerations began to breed strange alienations in the hearts of our brethren . the easie warfare of the scots all this while had afforded them , besides good store of pay and plunder , an absolute signiory over the northerne counties ( our northerne men tell us wofull stories till this day ) and now they saw that rich service , or rather absolute dominion was likely to come to an end , they thought sit to strengthen themselves in berwick and newcastle , and they got carlile also by very foul play in spight of our commissioners , as if they were resolved and certain to have a dispute with us . likewise in . when oxford grew straitned , and unsafe to the king , and when it was visible also that presbytery after so many years experience , did not altogether rellish with the english , the scots presently resolved ( as was related before ) to expound the covenant in favour of the king , at least for setling and securing their arrears , and making a commodious retreat out of england . accordingly that article which provided for the kings interest , served their interest wel enough , and war so well commented upon by them , that it held us at a bay , till their contract was perfected , and then after a long dispute very chargeable to our nation at the instance of an army , and li. they delivered up newcastle , barwick and carlile , and took time to study the kings article a little longer . in the year . there was no notable businesse for the souldier , england took a little breath , having nothing to do but to squench the few remainders of war , and scotland kept at home to share the late gotten spoiles of england ; yet this year there past some new cajoleries betwixt the scots and the king , and some contests betwixt the scots , and us about the king : and no doubt , the next years action was now in forging , and all preparatory hammers were on working . and now enters the memorable year of . a year never to be forgotten by the english , in regard of the unparralleld dangers that then overspread it , and the unspeakable mercies of god that then protected it . all the enemies of this poore common-wealth were now in a solemn conjuration against it . in ireland all was held past recovery : ormond the parliaments revolted servitor , was complying with the bloody irish , and betraying his own religion into the bargain to get some of their forces into england : in wales , in kent , in essex , in surrey , great bodies of men rose up , some upon the old royall account , some upon a new , whilst many also of the navy fell away from the parliament to make the case the more desperate . no lesse then english did their endeavours this summer to make way for hamilton , from whom ( by good intelligence doubtles ) they expected scots . great was the goodness of god that all these confederates could not be in a readiness at one and the same time , and that all the forreign princes round about us which favoured them , could not be assistent to them that yeer : god had so ordained it , that the welsh should be reduced before the scots entred , or else our condition had been altogether hopelesse in the eye of reason . but to the scoch businesse . the solemn league , and covenant was now brought under a new debate in the parliament of scotland : and the main matter in question was , how they could be absolved of that holy stipulation , if they did not imploy all their power to reform religion , and to restore the king in england : and for the fuller agitation , and ventilation of this matter , severall grave harangues by persons affected severally were drest , and we may well imagine to what effect . agent : of the kirks party seeing the parliament filled with so great a party of the hamiltonians is supposed to begin . my lords and gentlemen : the covenant presses us all to endeavour the reformation of religion , and the restauration of the king in england by a brotherly way of assistance in our severall places , and callings : and so , as that these ends of the covenant , may stand , and agree with all the rest . but withall , it behoves us to use a great deal of caution ▪ and circumspection in a matter of so high importance , wherein the honour of god , and good of the nations is so religiously involved , not to be mistaken either in the mark we all shoot at , or in the arrows we are to shoot . as for the point of religion i am perswaded , it wants reformation in england , and i beleeve i dissent not therein from any here : but this scruple sticks by me : i doubt whether i am so properly a judge in england of religion , as i am in scotland , and if i am not ; then i fear i step out of my place , and calling , whilest i take upon me there to reform by force , which sure the covenant requires not , but excludes in expresse terms . the account of my scruples i give thus : first , if we are now judges of matters ecclesiasticall in england . we are so constituted by the covenant , for before the covenant we pretended to no uch thing and in the covenan● it self , i finde no such constituting words . ly . if the covenant creates us judges in cases eccles : it creates us the same in all other things civil , military , and judiciall : for all the interests of the king , and subjects in parliament : and out of parliament : are inclosed within the verge of the covenant : and yet no man here supposes himself bound by any words of the covenant to look after the whole administration of justice , and the whole managery of the government in england or els to stand answerable for all abuses whatsoever , that are not there redressed . ly . if the covenant give us a power so large in england , it must by the same reason give the eng : the same in scotland : for the bonds are equall , and reciprocall : and so here are discords raised betwixt us , contrary to the principall drift of the covenant , such as never can be pacified : the sword it self can never give any decision in the busines : victory may take away equallity betwixt . . brethren : but meer victory can never take away the true right of equallity . ly . the covenant injoynes us precisely to assist one another in reforming , now the word assistence intimates a concurrence with the party covenanting against some joynt opposer , it cannot be forced to intimate any violence against the party covenanting . ly , not onely the tenor of the whole covenant , but also the particular clear purport of the fifth article in the covenant mainly intends to tye a firmer , closer knot of union , and conjunction betwixt the nations , then ever was before : and therefore to rescinde a knot so manifest upon expositions , and glosses of things not manifest seems to me to be a wilfull violation of the covenant . as to the other point about the kings inlargement : much may be resumed of what i said before against our judging in england : but i forbear that : the scruples that here suggest themselves to me are these . . if the kings liberty may not be restrained , then neither any other of his royall prerogatives , honours , and powers : and yet we our selves hold all these here under sequestration , and for divers yeares of late , we have entred upon , and administred the whole royal● office ourselves : shall we then maintaine , that the k : has a right to that in england , to which he has no right in scotland . ly , if the k : has a right now to his liberty being amongst the english : it will follow upon the same reason that he had a right to the same , two years since when he was in our quarters at new●rk , and newcastle : yet all men will s●● : amongst us he had no command at all , but was under such a guard , as had a strict charge of his person , and were as rigorously answerable for the same , as any jaolers whatsoever . besides , all men know he was by us delivered up to the english against his will : and that upon contract ▪ and valuable considerations : and that we could not have justified , if we had thought he was at full liberty , and could not be thereof abridged . thirdly . a speciall● article in our covenant obliges us to bring all enemies of the covenant to condigne punishment : and we do punish daily capitally such of the kings adherents as have offended against us by his commissions , and shall we think that death is due to the actor , and instrument , when imprisonment is not due to the author and principall ? fourthly . if we dispute not about the kings imprisonment , but as it is such ; that is , as he is imprison'd by the souldiery in england without consent of the parliament there : then do we take upon us to vindicate the consent of that parliament , without consent of that parliament : and since we hear not that there is any change of the kings restraint , save onely of the persons under whom he is restrained , nor do the parliament in england think fit to use force , nor to desire our assistance therein , i doubt if we should obtrude our force therin without any call , we should offend against another proviso in the covenant , by intrenching upon the parliaments priviledge there , and by invading the subjects property likewise , which the charge of this war must necessarily draw after it . these things deserve a sober deliberation before we resolve upon the justice of this war : but then the justice being cleered , yet i conceave we are bound to all mankind , much more christians and brethren in covenant , to give what evidence we can of the justice of our cause , that if possible they may be convinced , and do right before bloud be shed . and since the parliament of england , upon reports of our preparations ha's dispatcht commissioners hither to treat about all points in difference , and we specially by treaty were held to send the like to them , and after all to give three months previous warning , before we could have recourse to the sword : i hope no man here will offer any thing against a treaty with the english commissioners , that satisfaction before blood may be either given , or taken : and if not , yet the due space of warning may be observed ; if we should faile herein , i fear we should proclaim our selves to the world abusive simulatory pretenders of the covenant , only to prophane the high gods name to whom we have all lifted up our false hands . next , since the english in observance of their faith to us , ingaged freely for our better assurance in them , have left their frontire towns berwick and carlisle ungarrison'd , notwithstanding the notice they have of our present posture : i hope we shall scorne to make their plain dealing with us a ●nare to themselves ; and thinke to chastise their fidelity with our infidelity , at such a time as this is , when we wage war with holy thoughts , and only for religious purposes . and lastly , since we are to engage out of pure conscience to the ends of the covenant , one whereof is to bring all enemies of the same covenant to a legall triall , i hope we shall not receive langdale , and the rest of the english fugitives , whose swords have drawne much bloud of covenanters to fight under our covenanters banners . this will convince us of insincerity before men , this will provoke the eyes of gods jealousie against us in the day of battail ; god must be served justly , as wel as in just actions , and when bloud is the meane , and holinesse the end , god uses to be more jealous , and expects more exactnesse then ordina●ily : oh let not any occasion be given by a parliament of scotland to lay stumbling blocks before others ; let not the world say we wrest the covenant to what sence we please , and use it as the papist do the word of god : the case is of grand consequence , it may concerne us and our posterity for ever , i pray let it be throughly scand and sifted . hereunto a gentleman of hamiltons party may be supposed to answer : my lords and gentlemen , you have heard it granted , that religion in england wants reformation , and that the king ought to be set free from his forced durance under the souldier : you have heard likewise granted , that our solemn league and covenant requires these things to be done : but divers scruples have been cast in withall , about the manner of doing these things , in regard that a juste is required , as well as a justum . the main thing is , that we are not qualified by the covenant to do these honorable things in england : alas , if the covenant does not add any new qualification to us to serve religion , and our king : i hope no man will suspect that it takes away any such qualification from us as we had before : and i hope ther 's no man here but thinks before any covenant taken he had a warrant and capacity good enough to do honorable service to his religion , and his native prince : let me speak plainly , and bluntly , i doubt these scruples do not arise against us , as we are scotch men , and so have no power of judging in england , but rather as we are of such a party in scotland , that the kirk dares not confide in us : & this is lamentable halting before god . let us not therfore be driven into any unmanly irresolution by logicall niciti●s , and school-puntilioes : let us beleeve that such just ends as we aime at inservingour god and prince have just avenues belonging to them , and that god ha's not hedgd in , or inscons'd goodnesse from the approaches of men , as he did once the tree of life . my lord , and gentlemen : shall pure reformed religion want an advocate in this presence ? no : it were labour lost here to recommend the excellencies of her ; you all are confident you cannot , but be certaine that god hath rather sent a cherubim to invite and wast you to her assistance in england , then to affright you and drive you from her embraces with a flaming sword . then , as for the king , you have a greater interest in him then the english have , and he ought to have a greater interest in you , then he has in the english : let me tell you if you should prove oblivious of his favours , he might upraid divers of you with your fields and vineyards , as saul did once his benjamites . do we not all know , that his graces towards us ha's made him the lesse acceptable to the english ? and does not the whole world taxe us of our ill requitall at newcastle ? i speake of that in your ears : what can be said then , either we must requite him better , and acquit our selves better now , or all generations to come will call us ungratefull and unjust ; and for my part i cannot ever construe the covenant as that it intends to render us ungratefull or unjust . t is true the enterprise we goe upon must cost blood , and fall heavie upon some of our fellow covenanters in england : it were else impossible almost , it should be great and honorable : let this be our comfort : the work is great , and honorable , and being so it must be acceptable to god : and that which god accepts cannot but be fea●able : for qui dat finem , dat media ▪ let the justice of this war fix our resolutions upon the pursuance of it , and when we are upon its pursuance , let us pursue it wisely , and strenuously as becomes souldiers : let no scruples defraud us of the opportunities and advantages that attendit , for such in war are irrecoverable & pretious : to be brief , let us not be held up with treaties by the english commissioners , let us not wave langdale , nor leave berwick and carlisle to the enemy : when we are in peace let the laws of peace order us when we are in war , let the maxims of war sway &c. the rather for that advantage lost in peace may be regained , but an error committed in war can never be redeemed . the next gentleman was of a different opinion from either of these , and you may suppose his oratory was as followeth . my lords and gentlemen . you have heard how much may be said for a present war with england , and how much may be said against it : you have heard in what extreams the arguments both of a meer souldier , and a meer scholler run , and now having heard both , and compar'd both , you may the better extract out of both that which is truly counsellable at this present , and that doubtlesse , teaches warily to decline both extreams : the gentleman that spake last maintained well the justice and necessity of the worke that is to be done : such a service to god and the king cannot but be just and necessary ; and our covenant cannot obstruct any thing that is of it self just and necessary ; therefore to oppose our covenant against this war , is to undervalue our covenant , and to entangle our selves in such nicities as are more fit for the schools , then this senate . on the other side the gentleman that spoke first interposed some necessary advertisements about the manner of our prosecuting this high undertaking , not fit to be neglected , for doubtlesse it concerns gods honor , the safety of the king , and the perpetuall peace and safety of these nations , that this affair be wisely managed , as well as it is religiously intended . we all know that the taking of some advantages in war , if they be at too far a distance with religion , may prove our disadvantages : and so the parting with some opportunities in some cases , may be a gayn of better to us ; hast ha's overthrowne some undertakings , as well as delay others . wherefore i desire leave to counterpoise with a little moderation , that which hath been pressed by both the gentlemen that spoke before me . and first t is my humble motion , that the kirk here may have all possible satisfaction given them in the forming , and heading of this army , and in the conduct , and steering of the great designe ; forasmuch as without this condiscention we cannot expect their concurrence , and without their concurrence , we cannot expect that readinesse , or confidence in our friends at home , nor that stupidity & consternation in our enemies abroad , as is to be desired . secondly , that if wee admit not the english commissioners to treate , and then allow three moneths warning after the end of that treaty : yet we may instantly dispatch away an expresse to the parliament of england with particular demands , and a cleere denunciation of warre within a moneth , if those particulars be not instantly agreed to . thirdly , that some reasonable space before wee march a declaration may be emitted to satisfie our friends in england with our sincere intentions towards them : and that the buisines of the kirke being setled , and the king reinthroned , wee have no intention to intrench upon the priviledges of the parliament there , or to breake that bond of confederation and union that was intended to be confirmed by the covenant . fourthly , that langdale may be countenanced at a distance , and with much reservation , and that no other use may be openly made of him , then of a forlorne hope to seize the english frontire garrisons for our use , and to ingage upon other the like hazardous services . how well these things are calculated for the meridian of edenburgh , i leave every man to guesse freely : but this is certain , there were few in the scotch parliament , who gave their judgements the first way : many went the second way : and all went the third way , except onely in complying with the kirke : and if there be any credit to be given to hamilton , who affirm'd it religiously at the time of his arraignment in england , the kirkes party refused to comply with him , and his party , more out of emulations , and particular state-animosities , then out of any dislike of the cause , or condemnation of the undertaking . and time ha's since made this more manifest , for even the commissioners of the kirke in their declarations since , and by their ingaging against us with their yong declared king , have even by the covenant , and the same constructions of it , owned every part of the quarrell against us , which they condemned in hamilton , setting only aside his entring upon us without three moneths previous warning , well : the scotch parliament having sufficiently commission'd hamilton for his march into england , rose without any audience , or intercourse granted to our commissioners . hamilton being so commission'd , makes present use of langdale , and his train , speeds away with . men for england , seizes barwick and carlile , commits infinite barbarous cruelties , and destructions in the foure northerne counties , before previous warning given according to our treaties , but within some few weeks fights with the lievtenant-generall cromwell in lancashire , is taken prisoner , se●s his army defeated , and the remainders of it chased back into scotland . out of this matter of fact so stated , a dispute now arises , whether this hostile action of hamilton , that was then chargeable upon the parliament of scotland , be still justly to be answerd and accounted for to the state of england , by the present state of scotland . the scots deny it upon these grounds . for their first evasion , they say , the good party that now governs is not the same , as the party was , that then governed . whereby they would have us understand , that the state of scotland is changed since , . and does not remaine the same as it was at that time , and therefore ought not to be responsal for what was then done . after the committee of estates , and the kirk-commissioners have condemned hamiltons invasion without antecedent warning , and his other miscarriages in taking barwick and carlile , &c. and confest that nothing can be offerd in excuse thereof : they yet adde , that never any people in the world in a time of defection did more evidence their freedome from guilt ; then they ( they meane the party now governing ) did . here is a defection confest in a parliament lawfully chosen , and in the major part of the people adhaering to that parliament : but there was a remnant of good people which at that time evidenced their freedome from that guilt , and that remnant since by force , and assistance of the english army , ha's gotten power into their hands , and therefore the magistrate that is now , is not guilty of that defection , nor consequently the state of scotland liable to make any reparation . this evasion must be thus stopt up . . in all states where there is a representative , the publick act of that representative , or of its major part , bindes all , and every person . and though the next representative may repeale laws formerly made , and recede at pleasure from what its predecess●rs acted erroneously , or temporarily : and these new repeals , and recessions shall be binding to all persons therein represented : yet even these alterations also must be without fraud , salv● semper jure tertij : they must be without any prejudice to ●orrein states , and persons there not represented . nay , if the state of england passe an interest in land to a subject of england upon a good consideration and contract , that act shal be binding perpetually , and may not under favour be avoyded by a new representative , because that avoydance will appeare fraudulent in the state : and because such avoydance is to the damage of one that is as it were a third person , and contracts with the state upon equall terms ; and it seemes , that a speciall consent is necessary in such a case of his disinherison , and that his generall consent given by his representatiues ought not to divest him . and if it be here objected , that the constitution of the state of scotland is different from other states , inasmuch , as it consists of two representatives , one civil and the other ecclesiasticall ; and in this ingagement of hamilton the ecclesiasticall representative did not act , nor concurre , but dissent , and protest against it , and so made the civil act the lesse authoritative . we answer ; first , the ecclesiasticall representative of scotland ha's no power but in cases meerly ecclesiasticall , such as this was in . was not . secondly , if the scots will tell us , that hamiltons action , and case was in ordine ad spiritualia : wee must not suffer such collusion to be turnd to our prejudice . the state of scotland must not thinke it sufficient to stroke us in their spirituall capacity , whilst they strike us in their temporal capacity : the duplicity of their powers must not justifie , or excuse duplicity in their dealings : when wee sustaine publick injuries , whether it be from a jurisdiction parliamentary , or synodical , the whole state of scotland must be answerable for satisfaction . thirdly , if the ingagement of hamilton was the lesse valid in law ( if we did grant this , as we doe not ) because all that feared the lord in the land did petition , and pray against it , and expose themselves to some persecution for not complying with it , yet this does not render the same ingagement the lesse mischievous to us . there was not one drop of english bloud the lesse shed then , nor is there one drop the lesse to be accounted for now . fourthly , wee are not without some strong presumptions , that the small number of the religious party in scotland , which were enemies to the ingagement then , were not so much enemies to it as it was mischievous to us , or unjust in it selfe , as because it promoted hamiltons●action too high , and had an ill aspect upon their owne particular interest in scotland . else , what makes them so zealous against our receiving of right now , which pretend they were so zealous against our receiving of wrong then ? it seemes strange to us , that the english which had never a friend in scotland two yeares since to warde one blow from their throats , or to do any real act of resistance to hamilton , should now finde never an enemy in scotland , obnoxious to their challenge of satisfaction : and that the same men should be the most forward to debarre us of reparation now , which were then most forward to protest against our suffrings . secondly , where two representatives have been legally chosen , if it be not honorable for the later to anull the formers act in prejudice of a third person that ha's right : much lesse honorable is it for a representative brought in by the sword to derogate from the acts of a former representative , that had a faire , and free election from the people . wherefore , let the present power in scotland apply this to themselves : and the rather for that they complain of forcible alterations amongst us , onely upon pretended discommodities to our selves , whilst they themselves make use of forcible alterations amongst themselves , to the defrauding of their neighbours . thirdly , admit the parliament , by which hamilton was commission'd , was an unjust parliament ; admit it was no parliament at all ; and admit that hamilton with a lesse party , and without any commission at all had broke in upon us in a hostile manner : yet even this would not leave the english altogether remediles ; for in this case upon a just demand of satisfaction made by the english , the scots must disowne the act , and see the outrage legally expiated upon the actors ; or else they owne it themselves , and so become as obnoxious as the actors . that which was the sin of one towne in benjamin at first , became the sin of the whole tribe of benjamin afterwards ; and doubtlesse , that which was the sin of one tribe in israel at first , had become the sin of all israel at last , if justice had not been lawfully executed ; let the scots look upon this with sad eyes , for that blood of the english shed by hamilton , which is now the guilt of a party only in scotland , upon the deniall of just ice , may be made the guilt of all scotland . the second evasion of the scots is this ; they say , if they were persons challengeable of satisfaction , yet they that sit now in the parliament of england , are not persons , that can duly challenge , or require satisfaction : it should seeme as scotland before was not to be found in scotland ; so england is now not to be found in england : so hard a matter it is to get right from them that can thus easily transforme , and deforme whole nationall bodies . the meaning is , government in england has been of late changed ; two of the estates in parliament are removed by force , and the third estate usurpes , what was due to all : wherefore as they cannot treate with us about satisfaction , but they must acknowledge us a lawfull authority ; so conscience forbids them to acknowledge our authority lawfull . to this wee answer . . the change of rule in a nation , does not change the nation ; forasmuch as the manner of rule is changeable , and accidentall , and so does not give beeing , or support the essence of a state . if wee in england beeing a monarchy owe three millions to the hollander , the change of monarchy in england will not exempt us from , our obligation : and if we in england , beeing a democracy , have three millions due from the hollander , our returne to monarchy will not denude us of our remedie . the devastations and hostilities of hamilton were suffred by the english nation , and the parliament of england demands justice , and restitution for the same in behalfe of the english nation : now 't is not agreeable to justice , or reason , that a slight exception taken against the substitute , should disable the principal , or any incapacity of the demandant redound to the prejudice of him which is the true interessent . secondly , if the usurpation of the parliament of england shall bar the state of england from its due course of justice , yet how does it appeare to the scots , that the power of our parliament is an usurp't power ? if god or man ha's given them any warrant to judge of our actions , and affaires in england , let them shew it : for without some such warrant they are but our equalls : and one equall ha's no power of judging another . if they plead any undeniable principle in nature which condemnes all alteration of government as unlawfull : and all extrusion of governours as usurpation , and of this maxime , they say , all men are equally judges ; then how will they justifie their extrusion of lannerick , and their new moulding of their committee of estates after the defeature of hamilton , which without armes , and our assistance they could not have compast ? is that a naturall , indispensible principle in england , which is not so in scotland ? away with such partiall shifts ; let the scots shew us that nation under heaven that ha's not severall times been driven to mutations of governments , and governours , and been at last justified therein by the plea of necessity , and common safety : and wee shall confesse their lordly power over us . thirdly , if the scots be our lords , and will give judgement against us in this case , yet they must know , that wee are now upon our appeal before almighty god , and have accordingly taken armes into our hands for the prosecution of that appeal . and does not one of the primary lawes of warre teach them what a hazard it is to deny right to him that beares his ●aked sword in his hand ? arma tenenti — omnia dat qui justa negat . will the scots lay an incapacity of treating upon us first , and then of fighting afterwards . the difference now betwixt us is , whether wee have justly enterd scotland , or no , to seeke redresse of many injuries , and depredations by tryall of battaile , which was denide us by debate in a friendly intercourse : and doe the scots thinke now to argue us out of our armes ? doe they think , that the same condemnations of our usurp't power , by which they insulted over us , when wee sought a treaty , will be seasonable now , when the cause is preferd to a higher court ? this were to cut us off from all remedie whatsoever ; this were to detrude us below the miserablest of men ; this is beyond all ordinary strains of tyranny : there is no client , nor subject , nor slave whatsoever , but by way of his last appeale , may repell force with force , when his case is beyond all other decision : and this is held no more then a making an humble addresse to heaven , or laying the cause before the lord of hosts his footstoole : will the scots then which have droven us their equalls to this , last resort , prejudge and foreclude us in this also , and so make us worse them the worst of inferiors ? certainly , if we may not treate before wee confesse our selves usurpers , wee may fight till god declares us to bee so ; or that our enemies have usup't over us . the third advantage or exception of the scots against our demands of satisfaction ▪ is taken from the space of time that interlapsed betwixt the overthrow of hamilton , and our solemne denouncing against them for that hostilitie : as also from some reciprocall kindnesses , and testimonies of accord and pacification , which past betwixt the nations in the mean while . of both these i shall now give this faithfull account . the victory of of l : g : cromwell against the scots was about the latter end of summer , : and our forces following that chase stayed in scotland till about mid-winter following . during the stay of our army in scotland a good understanding was betwixt us , and the kirk party there , for we had both the same ends against the hamiltonians , and so whilest we extorted the sword out of lannericks hands , and put it into arguiles , we did our own businesse and the kirks too , and the kirks more immediately then our own . howbeit a treaty was now begun in the isle of wight with the king , where the scoch commissioners appeared great sticklers for the king to our nations great dis-service , and this gave us some glimpse , that even in the kirk party , restored so lately to power by our means , all was not so sound , and sincere , as it ought to be . the treaty not succeeding about the last of januar : the king was brought to the block : and then the insolencies of the scoch commissioners , and their haughty intrusions into the managery of our english state affairs , and their despicable subjecting of our parliament to their over-ruling wils , grew so intolerable , that upon the . of febr : the parliament declared publickly against them . this begat another paper from the commissioners dated the . following more imperious , and controuling then formerly , and this was presently after voted a designe in the contrivers of it to raise sedition , that so under specious pretences they might gain advantage to second their late perfidious invasion . the . of march following , the state of scotland wrote a letter to us ( as they now inform us ) to avow their commissioners last paper , and withall disallowing our construction of it , for that they judged it no incroachment upon our government , nor any indeavour to raise sedition . they likewise signified in the same , that if any prevalent party in either kingdom had , or might break the bonds of union , yet those sacred tyes ought not to be layed aside or cancell'd , but preserved for the benefit of such as were innocent in both nations . the scoch commissioners to whom this letter was sent for delivery of it were now upon their return for scotland , and so the same never came to our hands , though the scots untruly tax us of suppressing it . but why should they suspect any designe in us of suppressing this letter ? the letter , if we had received it , would not have healed our grievances , it would rather have made the wounds wider : for the scots commissioners had charged us of treason , perjury , usurpation , &c. for doing those things within our own government , which were required at our hands by justice , and reason of state : now their principals in scotland tell us that this charge is true : but being true : it molests not , it shakes not , it justles not us out of any part of our power , nor stirs the people at all against us . what is this but to tell us ; that they are more truly judges in england of treason , perjurie , usurpation , &c. then we ? that 't was not injurious in them to condemne us , nor seditious in the people to rise up against us in observance of their commands ? sometimes they pretend they aime at nothing beyond a simple protesting against us , and that a freedome of protesting is due to all men : but this is meerly to delude , and infect the people the more : for t is evident to all men , that such protestations as their papers have exhibited , have ever been fraighted with the worst of calumnies , the severest of sentences , and have been received by the people , as warlike defiances . in this case therefore when so many insurrections , and broils have been actually bred against us in our own bowels , and so dangerously seconded by forrein forces , we call in all men to be judges betwixt us , whether we may not more justly cast out protestations when they do but palliate seditious conspiracies , then to submit to seditious conspiracies , because they cover themselves with the names of protestations . this letter miscarrying , and our parliament having waited awhile for some other return by some expresse , or other , in may following , about nine months after the scoch rout , a complanatory letter was sent from hence about divers grievances in generall , and satisfaction was therein desired by treaty in a peaceable way . an answer hereunto came in june following , recomplaining that the scots justly found themselves aggrieved at the late proceedings in england , in reference to religion , taking away the kings life , and change of fundamentall government , which they had protested against . that in case the english would disclaim their late proceedings against covenant and treaties , they were contented to authorise commissioners for a treaty . otherwise they were resolved to keep themselves free from all complyance with malignants on the one hand , and the enemies of kingly government , on the other . that in regard of the covenant , the treaties , and many declarations of both kingdoms , they could not acknowledge that to be a parliament , from whom the last proposition came to them about a treatie to be appointed . here was a flat deniall of any satisfaction , by declining all means of treating about the same : here was a reason given of that deniall , as full of enmity and hostility as could be : instead of making any compensation due to the state of england for the bloodshed , and rapine of hamilton , here was a strange coacervation and accumulation of new ●landers , and defamations upon the parliament of england . letters from the parliament are now as it were interdicted , no such subscription is to be admitted , hereupon in july following , our parliament issued forth a declaration for the better stating of these matters ▪ the endeavour of that declaration was to remove yet all nationall misunderstanding i● possible : and to demonstrate that the english yet had not laid aside all thoughts of peace : but concluding that if still they were diverted out of the wayes of peace unwillingly , the fault was not theirs . this declaration was made as publick , as ever any was in england , and we have thousands here of the scotch nation disaffected enough to us ▪ and ten thousands of english presbyterians besides more imbittered then the scoch , and all these can attestate the evulgation of this declaration , yet the scots call it a dormant declaration , and most dis-ingenuously would infuse it into the people that they had never , nor could have any notice of it . a letter of theirs to us in the hands of a single messenger could not be intercepted : but a manifest of ours printed , and intitled to the whole world must needs miscarry , and that by our collusion . some reply was expected by us to the matter of this declaration , and some months past away hanging our expectation : but none came : the first news we heard was that about the middle of march following there was a treaty agreed on to be at bredah betwixt the scots , and their yong declared king : and that the principall subject of that treaty , was about the pretensions of the yong king to england , and the quarrels of the scots against england . this to us , that had so little hopes of reconcilement before , was a sufficient alarme , and upon this our l : generall cromwell was sent for out of ireland , all warlick preparations were made ready , and our army this last summer , ( as soon as we got notice of the agreement made at bredah , and how far it concerned the life of this common-wealth ) made its entrance into scotland . this relation gives the true procedure of all memorable matters betwixt summer . and summer . with the reasons of the slow motions of the english : and amongst them all whether there was any composure made betwixt the nations for hamiltons●aedifradous irruption , either by satisfaction given , on the one side , and taken , or confest by the other , t is left to judgement . but the scots alledge still , that immediately after the breaking of hamilton in england , and the dis-arming of his brother in scotland , there were given divers clear demonstrations of amity , and good accord betwixt the nations : letters will yet testifie , that the godly party in scotland satisfied the english in their innocency , and that the english did accept of the same , as good satisfaction . for example : in septemb : and octob : the l : generall cromwell wrote in behalf of the kirk patty , by him then seated at the stern , and his letters did recommend them to the parliament as men carefull of the unity of the nations , and the interest of england . on the other side the scots remitted hither an honourable testimony of the fair comportment of our souldiery there , together with a thankfull acknowledgment of the benefit , and advantage which our seasonable assistance had afforded them . likewise from the parliament here it was written back , that the religious , and well affected people in scotland were excused from those impious , and unwarrantable actions , and that there was no willingnes in the english to impute those evils to the nation in generall . as for the l : generals letters , questionlesse they contained his true , plain , meaning : he did believe at that time , that the interest of england , and the unity of the nations was valued by the kirk , and the arguilians in scotland : but what discharge was this to the rest of the nation ? nay what discharge is this to any of that nation ? his commission extended not to compound for the dammages sustained by us : nor did he ever treat about the same : nor did he at last finde his loving recommendations justly answered by that godly parties actions . out of this therefore there follows nothing but that our l : generall was more charitable , then the scots were gratefull . as for the scotch letters , they serve well to shew the single dealing of our l : generall towards them , and their double dealing towards him : but they serve not at all to shew any act of oblivion , or any other pacificatory conclusion that was consented to by both nations . therefore the good that they then bore witnesse to in our souldiery , we hold it to be just , and according to merit : but when they publish retracting contradicting papers after the intermission of two years , and therein complain ( as they did this last summer ) tha● the l : generall came in un-invited , that the manner of his entrance was not guided by their instructions , and that the proceedings of his army were very unsatisfying in many other things : this is an argument of their profound dissimulation . as for the parliaments letters : although the parliament at that time was too full of kirkmen , yet if they had any full words of release in them , we should no● prolong our contestation hereupon : but the utmost that can be extracted out of them , is a charitable exemption of some that had the testimony of wishing well to the unity of the nations , and interest of england from the pen of the l : generall . the parliament was unwilling , that the scotch nation in generall should be charged with the guilt , and blood of the hamiltonians , and therefore it did acquit , and hold exonerated thereof all the religious , and well-affected people of scotland . without question the religious , and well-affected people here excused , are understood to be no other then such as had been adverse to hamiltons exposition of the covenant upon sincere grounds , and not for any factious , or particular respects . but how few such there were in scotland at that time is now manifest , by the general adhering of that nation to their new king against us . for there is not one man in scotland that assists this young king against us now , but he expounds the covenant in the same manner as hamilton did then : and he might have as safely complyed with hamilton in that ingagement , as he may with the yong king in this : as will be further demonstrated in due place . these are the main subterfuges which the scots flie unto , when we tax them of that cruell , barbarous ingagement against us in . the rest of their pleas whereby they seek not to shelter themselves from the whole guilt , but onely to extenuate it , or rather to qualifie our demanded satisfaction are scarce worth the mention . they say , they have received some dammage in scotland by the ●●ish , and have demanded satisfaction of us , but as yet received none . a strange objection , have not the irish been prosecuted by us these nine yeers as enemies ? and though they owe allegiance de jure to england : yet are they not as mortall enemies de facto to us , as to the scots ? do we any way abet , justifie , or spare them ? to vouchsafe more to this , were to disparage right . they say moreover , that some satisfaction has been made us by the booty , and pillage which hamiltons army lost in england . some few scoch arms , and horses , which falling amongst the souldiers as due prize were like water spilt upon the ground , neither received in satisfaction by the state of england , nor so given by the state of scotland , must come in upon the account of the english to satisfie them for all the plunders , murders , and wasts which a scoch army perpetrated contrary to treaties , and sworn covenants . no more of this , here ends the first part of the scoch warre , whose scene was layed in england : we come now to its second part ▪ where our scene by gods abundant grace , and goodnesse is removed into scotland . and in this transition from past , to present , imminent hostilities we doubt not but to evidence the necessity of our war in scotland , à parte post , as well as we have done the justice of it a parte ante . the treaty at bredah in march last , betwixt the scots and their declared king : both being upon termes of hostility with us : had little busines to be debated , that was peculiar to scotland : the main thing to be proposed by both parties , was the removing some mis-understandings amongst themselves , that they might thereupon the better double their powers , and twist their pretensions against england . the kings interest was monarchy , the scots was monarchy and presbytery : the english were held to be advers to both these interests : and the covenant therfore to favour both the treators , against the english : so mis-understandings amongst the treators could no● be hard to be removed , or at least their slight jars could not be hard to be laid asleep for a while , when they had so little to loose to each other , and yet so much to gain from a third party . all that the scots desired of the king as humble suitors was but this , that he would take the covenant ( if that were but swallowed down in its literall sence , they thought all their further aims sufficiently provided for ) and this could not be much more bitter to him , then the masse was formerly to his french grand-father in the like case : and if it were , yet divers dulcifications might be added , and accordingly divers mixtures were used , to qualifie , and make more potable that draught . advertisements had been sent from the yong kings devout mother in france , and from her most holy father at rome , that in such an extremity the oath was compulsory , that the matter of the oath was subject to many severall , yea contrary interpretations : that he should therefore be either left to be his own interpreter at last in case he prevailed , or if not ▪ yet he should be discharged of any contrary strained interpretation . the truth was , the present power in scotland had condemned hamilton for invading england in behalf of an anti-covenanting king , and so it would be now too grosse for them to do the same thing till they had a covenanting king : whereupon it became impossible to them to relax the king of this condition . the young king , it may be , might demand why they should more scruple fighting for an anti-covenanting king , then to fight against a covenanting brother , since the covenant lost no more credit by the one , then by the other : and perhaps he might further demand ▪ why their conditions to him were so rigorous ; since his to them pressed nothing but what was pleasing , viz : a joint concurrence against a common enemy . but his mothers councellors thought not fit to clog the debate with such intricacies . all scoch punctilioes being at last waved ( for the young king was so far from capitulating about his reception in scotland , that he was more forward to capitulate against his trusting himself there ) it came to the question , what he should obtain at their hands in relation to england . for satisfaction herein , it was assured , that the scots had already proclaimed him king of great brittain , that they had alreadie protested against the governing party in england , as guilty of usurpation : that they did now ingage to contribute their utmost endeavours , by all necessarie , and lawfull means , according to the covenant , and duties of loyall subjects , to restore him to the peaceable possession of his other dominions , according to his undoubled right of succession . this was the tenor in briefe of that parlee : here is an inthroning promist to the yong king by all necessary and lawfull meanes according to the covenant : and here force of armes is not openly profest , as a necessary , and lawfull meanes according to the covenant , that the english might be ●u●d in the more security : but ●is ambiguously implyed , and secretly so explained to the young king and his counsell , that he might proceed with the more vigor and confidence . hereupon now rises the contest , whether this ambiguity of expression , and mentall , equivocall reservation in the agreement be such as ought to delude the english , or not . the scots still say , no force of arms is threatned against us , and that if we flie unto force of arms against them either upon this , or former hostilities , we do cau●l●sly invade them . they solemnly invoke god as a witnesse , and judge , that they have denyed us no right , that they have done us no wrong : that in this preventing warre , we are meer invaders and returners of evill for good . yet we must understand to make this good before the bar of almighty god himself , they waver , and d●llie , and double , and seek to collude in their own plea : for they do not simply deny their ingaging to use force against us , but unlawfull force , nor yet are they willing to confesse their force intended , and justifie it openly as lawfull by the covenant . surely in an appeal to almighty god , the case need not be presented with so much art , and under the cover of such dubious reservations . let us take a little notice ; first , how far they deny ; secondly , how far they justifie their forcible assisting the yong king against us . after the king was well satisfied with their meaning by private insinuations , and had adventur'd his person into scotland ; then further craft was thought fit to be used to blinde the english , and retard their preparations : and therefore the committee of estates in scotland publisht , that the article in the treaty of bredah concerning restoring the yong king to his crowne of england was not to binde , till the parliament and kirke of scotland had taken a previous consideration , and given their determination concerning the lawfullnesse , and necessitie thereof . behold the ingenuity of the scots , they conclude a warre , and no warre ; to all the enemies of england 't is a declared warre against england : to the english themselves 't is no warre till the scotch parliament and kirke have further declared in it . the enemies of england have hereupon just warning and timely summons to arme , and colleague for englands offence : but in the presence of god they speake it , the english themselves have no just ●a●●● ▪ no● provocation to provide for any defence at all ▪ though this agreement was made by the enemies of england , with the enemies of england , and ref●rres to the covenant which ha's alwayes been expounded to the justifying of a warre with england upon this quarrell : and though this agreement must signifie a full defiance against england to all others , yet to the english it must signifie nothing , god himselfe being admitted judge . the english had been once before invaded by the parliament of scotland upon the same pretex●s of the covenant without any warning given , when both the nations were not onely in profest amity ▪ but also under the religious ties of a solemne league : and yet now when the parliament of scotland ha's per●idiously violated that amity , and those ties , and i● moreover f●stned in a new agreement and covenant with the most active foe , that england ha's , in the world by sea , and land , and by the words of that agreement and covenant , ha's obliged it selfe to recover the throne of england to him : yet now , 't is expected that the english should sit still , and attend till the parliament and ki●ke of scotland had further deside them . alas , the prevention of a wound that is likely to be mortall , is as necessary , when it is possible , as the warding of it : and some stroakes are of that nature that they cannot be repelled by the buckler , if they be not anteverted by the sword . therefore the fictions of the cockatrices eyes want no ground in policy , whatsoever they doe in nature : and 't is often seene in warres ▪ and seditions , that the party which surprizes not is sure to be surpriz'd . this caused the parliament of england this last summer to send a preventing army into scotland , yet with an intension of defence , not offence , for it was manifest to us , if wee did not pitch the warre there , and there draw the first bloud , wee did necessarily expose our selves to the first charge , and impression of our enemies here , and choose to erect the theater of warre within our own dominions . moreover , had wee been meere assaylants , or had wee been defend●nts in an equall cause , against enemies that had observed feciall rites with us by giving us antecedent warning , wee would not have been wanting in the due formalities of defiance towards them . nay , had there been any reall doubt how the parliament and kirke of scotland would have determin'd of the justice , and necessity of a warre with england , or had there been any certain time prefixt when that determination should have been given : or had wee been assured of any just time to prepare our selves afterwards for a compleat defence , wee had not been so forward in seeking out the hardships of that cold , and sterill soyle , but as our case was , wee were great sufferers , wee were sufferers by perfidious enemies , wee were delusorily referd fine die , to judges that were bound to no meetings , for the resolution of a case that was before resolved against us : and in the meane time whilst wee were brutishly thus to waite upon such judges , all our conjured foes were contriving our ruine , and were certain to prepossesse irrecoverable advantages against us . but now wee shall see in the next place , the same scots that before the judgement-seat of god charged us hitherto for entring upon them when wee were in no danger , nor under any provocation , seeing all their transactions at bredah more fully come to light , betake themselves from denying to confessing and avoyding . such is their faultring , such is their doubling : if their deniall could be maintained , they needed not descend to any confession : and if their confession were avowable , they needed not to fly to denyalls : but the truth is , they can neither absolutely deny , nor absolutely justifie their hostile machinations , and combinations against us , and therefore they shufle , and trifle , and play fast , and lose betwixt both . in august last , when the scots saw the english would not yeeld themselves to be deluded , or disappointed , or forecluded of any advantages in war by the false pretexts of peace , they stated the case of their war in a declaration , which they forced the young king to publish in his name at dunferlin , and according to the case there stated , they resolved to joyn upon the issue of a battail , and in the field to expect gods own decision from heaven . the battail was fought , and the decision of heaven dissavoured the scots : but the successe of a pitcht feild is not now held an argument weighty enough to sink a cause so stated . let us therefore more narrowly look into the particulars of that declaration , and examine upon what sure rules of equity and piety the cause of the scots , as it is there drawn up , stands founded . at first the march of our army was held meerly invasive , & causlesly ▪ offensive : the scots denyed any hostile intentions against us at all : now t is granted there was an intention of force , but it was no other then what was justifiable by the covenant , inasmuch as it threatned none but such as were enemies to the covenant . this seems to mean , that the parliament of england with all their armies and adherents , had had just cause to prevent an invasion from the scots , if they had been true to the covenant , that is , if they had interpreted the covenant in the scotch sense : but since they are judged to have dealt treacherously with the covenant , they are not worthy of any defence , they ought not to claim so much priviledg , as to prevent any danger , or enmity ; for if the scotch design had been meerly to plunder and inslave us , then we might have stood upon our guards , or used means of prevention lawfully : but since the designe was meerly to reforme us , and reclaime us to our loyalty , and to reconcile us to our covenant : 't was arrogance in us to thinke any resistance at all reasonable : is not this a candid honest meaning ? does not this high pitch of prejudice become a faire noble enemy ? but to the effect , and purport of our scotch declaration : by that declaration we are satisfied in two things . first , what conditions were proposed by the scots to the king both in behalfe of scotland and england , and secondly , what laws were agreed upon by them both to be imposed upon the english . of the kings conditions little need be said : by taking the covenant explicitly , he did implicitly bind himselfe to admit the scots to be his interpreters of it , and by admitting them to be his interpreters , he did ingage to follow the advice of a parliament in all civill cases , and of an assembly in all businesses of the church : and t is to be understood that the same advice was to sway him as well when he was to consult about his affaires in england , as about his scotch affaires . for a proof hereof , we see when this very declaration , so neerly concerning the government of england , was to be issued in the young kings ●ame , and he to avoid the same was withdrawne to dunferlin : commissioners were sent after him from the kirk and states , to let him know , that by the covenant he was bound to signe , and own this their act , and that by his refusall if he separated his interest from gods , and the churches , they would endeavour the preservation of both without his . but let us passe to the ●aws imposed upon us by the accord ●t bredah , and let us view sadly those heavy iron yoak● that are there ●●eathed for the neck of england . after that the young king ●● obliged to stand to the advice of the scots in the supream counsels and concernments of england . let us consider ●ow ●ar that advice is converted to our confusion . the first thing that we are to submit to is , we are here to yeeld up the crown of england to be disposed of by the scots ▪ we must suppose there lies a duty , and is conferd a power by the covenant upon them to see to our line of succession , and to take order that in all questions betwixt the people , and any pretendor , the throne may be duly filled , and possessed . if a traytor ( that ha's been ) an enemy in arms ( that is ) claime by inheritance the soveraignty of england , the scots may justifie force to invest him here , & 't is breach of coven : in us to oppose ▪ . though the same k. may ●e under ▪ sequestration in sco●● : til he has given publick satisfaction there ; yet there is no satisfaction due in engl ▪ of which the english are to be judges , for the english are to rest satisfied in this , that the scots rest satisfied : & if the scots rest satisfied ▪ the english sequestration becomes vac●ted : nay , though that which the scots●all satisfaction , be apparently extorted by force , and almost confessed to be mee●●imulation ; yet the english in spight of their understandings and senses must accept of it . the scots say , their young king is truly humbled for his fathers tyranny , and his mothers idolatry , the young king abhors ther hypocrisie therein ▪ and for divers days together puts all his hopes in this world upon eminent hazard , rather then he will subscribe their dictates , yet the english must neither question his , nor their sincerity . thirdly ▪ all these rigo●s , and impositions of the scots our backs must bow● , and crouch under for the covenants sake , and that we may prove true to the most high god , to whom we have lifted up our trembling hands . though we have discovered the covenant to be a f●la●●ous , lubricous , ambiguous contract ( as others besides the contractors themselves now wrack it ) so that in the scotch sense it makes us enemies to them , in our sense it makes the scots enemies to us , in a third sense it serves the papists against us both : and though we are throughly informed , that the young king is not onely licensed but enjoyned to take it by all his popish patrons and allies , and to make use of it as a s●are to both nations : yet we must take no exception against it . hamilton , in . expounded the covenant in behalfe of the king , and kirk to the raising of a war against us ; yet the same powers in scotland that condemned that war in him , raise the same against us now upon the same exposition . all the difference is this ; hamilton fought for a king that had not taken the covenant , because he was never so far necessitated , whereas the present powers in scotl : ●ight for a king t●at has covenanted against his will , choosing rather to perjure then ●o perish : but let us aske the scots seriously , whether is the greater enemy of the covenant before god , he that refuses to take it because it is against his conscience , or he that takes it against his conscience , because he dares not refuse it ? well , gods judgements herein is by us both implord , & we cannot doubt but god in his due time will judge , & make his judgement undeniable . fourthly ▪ though we indeed are not enemies to the covenant , but can justly plead for our selves , that we are zealous for a true reformation , even whilst we dislike the scotch patterne , and that we are well-wishers to monarchy elsewhere , even whilst we make choise of democracy in england upon diverse urgent emergent considerations : yet all our pleas are rejected ▪ the very last plea of armes , from which no necessitated men besides are barred , is in us most imperiously condemned as well after open tryall , as before . nay when wee know our selves condemned by the scots as enemies to the covenant , and that the yong king ( to be brought in by force over us ) is particularly sworne against us , in that he is generally sworne against all enemies of the covenant , we must take it as a sufficient answer to all our complaints ▪ that the king has no power to annoy any , but enemies to the covenant . this is to heape scornes upon the rest of our endurances ; for this all one , as if they should insolently tell us , that no man can hold any thing but by the covenant , and the covenant can have neither enemies nor friends , but such only as they declare to be such . to pursue these scornes also and improve them the higher against us , they make their young king in his declaration at dunferlin , revoke all his commissions granted against us by sea , and land , to any of his instruments that adhere not to the covenant . do not we know , that such a revocation is meerly ●udic●ous , and jocular ? could the scots imagine that either rupert at sea , or the irish papists by land would obey such a revocation so signed at dunferlin ? and if ante-covenanters should lay down their commissions , would it be more ease for us to be spoiled and destroyed by the hands of false covenanters , then by the hands of ante-covenanters ? may not this king do what hamilton did ? may he not prevaile over a faction of covenanters , and by them assaile us , as hamilton did ? and if not so ▪ may he not be impowred ; nay is he not already bound by all the covenanters in scotland , nemine con●radicente , to treat us as enemies ? will not god in earnest look down upon the makers of such jests ? fifthly . as we must prostrate our selves to a king , to such a king exercised many years in bloudy feats against us before his pretensions to the crowne , obtruded upon us by such faedifragrous neighbours ; and further hardned against us by such religious incentives : so we must also stoope and kneel to him upon the most servile , odious conditions that can be . for first , wee must come to a new change of government for his sake . by the present , setled forme ; government is now devolved , and as it were naturally resolved into the hands of the people : and as monarchy cost us a vast effusion of bloud , before it necessitated its own ejection , so it is likely to cost as much now , before it can be reestablisht . lyons , and elephants doe not teeme , and propagate so often , and easily as mice , and ferrets doe : nor can wee expect , that such great alterations in great states as these are should be compast without much sore travaile , and long continude throwes . the scots doe know well enough , that our sectarian party in england , which they charge of usurpation , ha's a great army in scotland , ready to cope with all their levies , another as great in ireland , a militia not unequall to both in england , besides a puissant armado at sea : and can they imagin that the suppressing of this sectarian party , and re-investing of monarchy is likely to prove an unbloudy busines ? secondly , as wee must be forced from the government that now is , so we must be forced into a new module of government , that never was before in england knowne , or heard of . the supreme power of england must now suffer a partition , and have its residence in two severall councells ; the one ecclesiasticall , the other civil , and so whilest in imitation of scotland , it transforms it self into an amphisbaena , and submits to the motions of two heads , it can hardly avoid dangerous disputes , and dissentions . in cases of the kirk , the king must hearken to divines , in matters politick the king must be observant of his parliamen●s : but if there happen a difference in mixt matters , t is left to the peoples discretion to side , and adhere , as they see cause . surely t will be an uncooth innovation in england to see kirkmen sit in an assembly , and publish declarations concerning peace , and warrs , as they do now in scotland ; and whether such an innovation may be conducing to a good accord , and understanding in the state , or no , we leave to conjecture . ly , as we must subject our selves to these grand innovations , so they must also be purchased by us with the price of some of our best blood : some few of our principall patriots heads must be payed down in hand for them . it should seem , their idol the covenant requires some sacrifice to make an attonement for the indignities , and prophanations it has lately suffered in england , and so foure or five mens lives are demanded , as a just oblation . but the scots might understand that we are not yet so tame , and that the demand of such an oblation from us , is all one , as the demand of many hecatombes : and therefore perhaps t is not parsimony of blood that makes them so parsimonious in their demands of blood . ly , as our pretiousest friends must lye under this discretionary danger , so the most fatall of our enemies must be secured from all danger of our laws : for in the close of all , an act of oblivion is to overwhelme all things ▪ and all men whatsoever , royallists , presbyterians , independents , papists , protestants are to be put into an equall condition . what is this lesse then to spoil us of all advantages , and exempt our enemies from all disadvantages that the event of these late wars have cast upon us both ? especially when the act is to passe as a grace from our masters in scotland , and not of reconcilement from us ? by this state of the cause so formed , and owned by the scots themselves , 't is now apparent , that if the english had yielded stupedly to all the conditions , and laws that are here imposed upon them , they had left nothing remaining to themselves : the whole english nation had been given up to vassalage under a forreign power . those very royalists , and presbyterians which should have survived the independents , and could have severd themselves from the ruin of the parliament : ( as was very difficult to do ) yet should have seen the old government of england overturned , and have served a master , that should have served other masters . the scots neverthelesse in the declaration before mentioned recommend these impositions of their young k : as his gratious condiscentions , and they expect that hereby he offers satisfaction to the just , and necessary desires of his good subjects in england , and ireland . and because they see there are many thousands in england , who have utterly forgotten that ever they were born on this side the twied : they use many arguments of conscience and honour to arm all such against the parliament : and to in amour them with that freedom , and happinesse that this declaration promises under them . so wonderous a thing it is , that any liberty under a parliament of england should be thought worse by englishmen then any servitude under the kirk ▪ and state of scotland ; but here are the true grounds of our expedition into scotland : the justice whereof lookt backward to the incursion of hamilton in . whilst its necessity lookt forward to the treaty at breda , and to the accord that was there made in march last . there is a justice of warre sometimes that derives it self onely from necessity : but in the war that is now waged by our parliament in scotland , we may truly avow , that our arms are just because they were necessary , and we as truly avow , that they became necessary by being so egregiously just : inasmuch as the magistrate often is restrained from dispensing with the subjects right . now it appears by what ha's been here related , that the scots unprovoked powred in upon us . men in a maner most perfidious , and at a time most disadvantagious ; that after satisfaction peaceably sought they rejected us as unworthy of any treaty with them : that at breda they have since conspired with ●●r open enemy against us , making their cause his , and his theirs : and therefore directly contrary to the scots declarations emitted the last summer , we draw this conclusion , that we have received wrongs insufferable , that we have been denied rights indispensible , and that we have been forced into a war unavoydable . for we hope , since no place , nor time secures us from the offensive arms of their young king , and his commissions officers , whose cause they have espoused by taking him into a forced covenant ; no time , nor place ought to secure him from our defensive prosecution . let the scots flatter themselves as they please with fond umbrages , that they observe their covenant whilst they fight against us that are parties to it , and whilst in the young k. they abet p. rupert , and the irish , that are parties ingaged against it ; god is not mocked , he sees throughly the ill temper of that morter , wherewith their ruinous cause is daubed . the same god knows likewise how unwillingly we drew our swords in this quarrel , and how far all aims of ambition , domination , revenge , or spoil were distant from these our undertakings . the same words which were once used by our army after the great defeat given to hamilton in england , the same do we still resume after as great a successe neer dunbar in scotland . we believe god ha's permitted his enemies at several times to tyrannize over his people , that we might see a necessity of union amongst them . we likewise hope and pray that his glorious dispensations of successe against our common enemies may be the foundation of union amongst gods people in love and amity . to this end ( god assisting , before whom we make this profession ) to the utmost of our power , we shall endeavour to perform , what is behinde on our parts : and when we shall through wilfulnesse fail herein , let this hypocritical profession rise up in judgement against us , before him who is and ha's ever appeared the severe avenger of hypocrisie . this we direct now to all the mislead , yet well meaning people of scotland as cordially after a second signal victory , as we did then after the first . reader , i here often mention the scots , and seem to intend the whole nation ; but i pray thee make no such interpretations : for i doubt not but there are many good people there , that either know not their magistrates hypocrisie , or bewail it in secret . i my self know many excellent men of that nation , and these to me are as dear as if they were english . sit tros , sit tyrius , nullo discrimine habebo . of the ingagement . there was lately printed a sheet of considerations against our common ingagement of allegiance , to this common-wealth : the author seems to be a presbyterian of the scoch faction , by some thought able and learned : his arguments are very brief , and i will answer him , as briefly as may be : the arguments by which our ingagement is impugned , and as it were on every hand beleaguerd are eleven , as i take it . the first is against the ingagements inconsistency with former obligations . . its partiality towards malignants . . its obscurity , and ambiguity . . its illegall penalties . . its inefficacie . . its want of charity . . its rigor to harmless , conscientious men . . its enmity to reconciliation . . its diffidence in god . . its excesse , and extremity in punishing . . its opposition to christian liberty . the raising of this seige , i hope will not prove very difficult . considerator . this ingagement , to some that have already taken six or seven oaths , may possibly seem contrary to some of those former obligations : and such ingagers must now suffer , or sin against their doubting consciences . answ : . no state can enact , or ordain any thing , but the same may be lyable to some mens doubts ; ( in christian religion it self all mens scruples are not prevented ) those acts , and orders therfore which are not lyable to just doubts , are sufficient , and ought to binde . now the ingagement , which in truth is not repugnant to any of our former oaths , or obligations , is lyable to no just doubts . for our former oaths , and ingagements , if we rightly understand them , did not so intentionally oblige us to the form of government , as to government it self ; nor to this or that changable medium of governing , as to the fixt , perpetuall end of government . forms , and means are sometimes very expedient , and so long they are necessarily to be observed : but the question is how far they ought to be observed , when they clash , and by some emergent alteration in the state are put out of tune , and so jar , as it were , with substances , and ends : and all wise men know : subordinata non pugnant : the matter of lesse moment gives way to the greater . the law of the sabbath was strict in all its rites , and requir'd an exact obedience in all its duties which were suitable to its end : but when mans being which was the end of the sabbath came in question , all its subordinate offices , and solemnities submitted . the jews thought man must rather perish , then the sabbath be broken by any labour to save him : and if man had been created for the celebration of that day , they had judged rightly : but since that days rest was ordained for man , our saviour gives a contrary judgement . the same reason reaches our case . our allegiance has been formerly ingaged to the state of england governed in such a form : that form is now changed ▪ and now our allegiance to the state cannot be continued in the old form , without danger to the substance , without ruine to the end , for which allegiance was so ingaged . in this case , if we grant , that the form of government is but a mean , and that it was ordained for the convenience of government , not government for the forms : we have nothing to do , but to conclude with our saviour , that necessity makes the change lawfull , and the violation of the form no violation : forasmuch as there is no repugnance in subordinate things . dunkirk was yesterday under the spaniard , t is to day under the french : the loyalty which the dunkirkers payed yesterday to the spaniard is now due to the french : that dunkirker which now keeps his loyaltie to the spaniard breaks it , and may justly suffer for treason : but that dunkirker which departs from his former loyalty , keeps it , and the truth of his loyalty will be justified by the end of all loyalty . consider : known malignants whose consciences are too hard for such scruples , readily take the ingagement , and so get trust and imployment , whilest the tendernes of conscience shuts honest men out . answ : . this objection has no more force against the ingagement , then it has against preaching the word , administring the sacraments , and all the best ordinances that ever were past by god , or man : for there was never any duty so holy , nor injunction so equitable but some scrupulous men perplexed , and intangled themselves with fears about it , and some men of ill conversation would rush , and intrude rudely into it . t is impossible for the magistrate either to ease tender consciences , or to discriminate hard hearts in all cases : wherefore let us not require impossible things of our magistrates . consider : this ingagement is so pressed , that scruples arising none is permitted to clear them to himself , nor can the tendrers of it prescribe the sense wherein it is to be taken : so it must be subscribed blindly in the implicit meaning of the imposers . this agre●s not with the nature of a solemn obligation . answ : . the ingagement is most injuriously accused of any obscuritie ; no art of man could pen any thing more clearly , or succinctly : nay i am verily perswaded , that the same men that cavil at the ingagement for ambiguity : can scarce produce one law or rule in all the book of god , which might not be made as subject to cavillations as this bond of allegiance . by our subscriptions , we onely binde our selves to be true , and faithfull to the common-wealth of england , as it s now governed without king , or lords . to ask , what the common-wealth of england is , is ridiculous ; t is the same now under this form of regiment , as it was before under monarchy . to ask , how it can be governed without king or lords , is more ridiculous , our senses discover to us , that we have a government ; that we have a government without king or lords : and if we please we may further inform our selves , that there have been other such governments in all ages , amongst all nations . to ask how we may be true , and faithfull to this government , is most ridiculous of all : for truth , and fidelity in england , is the same as gods law commands every where . no law of gods is more perspicuous , then that which enjoyns obedience , and subjection to powers and magistrates ; and yet the same law of god which injoyns obedience , and subjection , intends true obedience , and faithfull subjection : they cannot be divided : false obedience is no obedience , unfaithfull subjection is no subjection . therefore let our considerator cavil at god , and his word , to which our ingagement refers him , let him not cavill at those which refer him . consider . the subjects liberty is saved to him by divers laws , and oaths : yet the not subscribing of this ingagement hercaves any man now of the benefit of law , the greatest of all liberties , and rights . answ . . liberty is the due birth-right , of every englishman : but liberty has its bounds , and rules ; and the liberty of every member must be subordinate to the liberty of the whole body . by the laws of liberty every man is to injoy , that which is his own : but since one man has far greater , and better things to injoy , then another , the liberties of one may extend further , then the liberties of another . likewise , when our liberties are equall extensive , one man may voluntarily renounce , or maliciously forfeit , that which another does not . therfore we must not suppose , that any man in england by the protestation , or covenant , or any law else , has such an estate , or inheritance in his liberty , as is altogether indefeasible , and unreleasible , whatsoever he does , or saies . but in the last place , there is a liberty of the whole state , aswell as of any particular subject : and that liberty of the whole state must supersede the liberty of every particular subject , whensoever both accord not : the lesser , to avoid repugnance , must alwaies give place to the greater . the con●iderator is very erroneous , when he thinks , the law allowes him any right , or freedome to disturbe the law , or to oppose any constitution , upon which publick right , and freedom is founded . consider . these kinde of ties have commonly prooved uneffectuall : nay they have often proved mischievous , like artillery turned against the first planters , and devisers of them . witnesse the bishops canonicall oath : witnesse the late covenant , &c. answ : . religious ties , and pacts are not unlawfull in themselves , but we hold the use of them unlawfull when they are inforced without sincerity , without necessity , and without due authority . as for the bishops canonicall oaths ; we are not satisfied that there was a sincere meaning in them , or any cleer law for them : and we are certain there can be no necessity pretended to uphold them : wherefore t is no marvell , if they proved fatall . as for the covenant also , it was rigorously obtruded upon the english by the scots , without any pretext of authority : and as we have found since a want of ingenuity in the obtruders , so we are sensible the pleas of its necessity were mistaken : forasmuch as it has wrought contrary effects , and produced hostility , instead of amity . wherfore if this miscarried also t is no great wonder . neither does the line , that runs betwixt our ingagement , and those obligations prove a true parallell : for those were religious , so is not this : and those were utterly unnecessary , to say no worse of them , so is not this . god has required us to be loyall , and true in our obedience to the higher powers : to obey god in this is necessary : and therfore to promise obedience in this , even when our promise is a necessary part of our obedience : and is moreover a medium so aptly disposed to reach the end of all obedience , the securance of publick peace : we cannot but conclude it necessary . besides , the considerator might take notice , that his objection here is generall against all stipulations , as such : so that by the force of his objection , the very bonds of matrimony ; the military sacraments of souldiers : all the obligations almost betwixt man , and man , by which humane society is preserved , finde themselves struck at , and shaken . there was scarce ever any nation yet so barbarous , as wholly to neglect ties of allegiance ; and amongst all ties of publick allegiance ; there scarce will be any found so modest , brief , cleer , easie as our english ingagement : the obligation is no more then civil , and the extent of it scarce equals the petie homages , and fealties which we pay in leets , and in our courts baron . consider . if we raised trouble , or sedition under the present government , these proceedings against us might be justified : but we are now punisht because we dare not offend god by subscribing . what is our case now was the subscribers ease , when they were formerly over-ballanced in the government by men of another judgment : let them therfore do as they would be done to , for we desire now , what they desired then , that conscience may not be forced . answ : . the case of the non-ingagers is not the same now , as ours was formerly : nor are we so uncharitable as to violent mens consciences , or to exact that from others which we would not have exacted from our selves : these charges are void of truth , and ingenuity . necessary oaths , and naturall stipulations properly tending to the preservation of humane society , we never were enemies to : nor ought any good mans conscience check at them : and if the non-ingagers can shew , that we require now in this promise any fidelity or obedience to the state , besides what god himself requires : and the naturall usage of all nations justifies , we will acknowledge our error , and harshnes to them at present . or on the other side , if the considerator will shew , that the oaths which we formerly were scandaliz'd at in the bishops and other oppressors were of such necessity , and so tenderly moderated , as this ingagement is , we will acknowledge our refracto●ines in former times : but if neither of these things can be shewed , the considerator cannot say we deal unequally or partially with other mens consciences , t is want of charity in him , that charges this want of charity on us . consider . the non-ingagers can have no other ends of refusing , and becoming obnoxious to the sharp censure of the act , besides conscience : because they are few , and cannot compasse any alteration : and they further see , it could not be compast without a great effusion of blood , if they were more , and stronger . again : if men offend by disturbance of the government , under which they live : let them receive severe punishment , let them not be punisht before offence given . again , this ingagement involves many conscientious men ▪ fearfull to subscribe , who yet verily believe they must stand , or fall with the present government : and are wholly for them in their judgment . answ : . we must by no means grant , that there is truth in these suggestions . for : . we know there are diverse , which refuse this ingagement out of meer dis-affection to the present government . . there are diverse neutral minded men which do subscribes ▪ his ingagement not without some unwillingnesse , which neverthelesse will the rather be true , and faithfull because they have so ingaged . fear of penalty will be as potent to keep some men from breaking , as it has been to keep others from refusing the ingagement . . t is impossible for us to beleeve that pure conscience restrains any man at all from subscribing : it must be peevishnes , of humor , and opinion , it cannot be conscience . our reason is : because there is no third thing betwixt being a friend , and an enemy : betwixt being true , and false : betwixt being obedient , and disobedient . can we possibly admit , that they are wholly for us in their judgments ; that they expect to stand , and fall with us , that they are conscientiously bound up from attempting against us : which think it a sin to promise any truth , or fidelity to us ? either it is a sin to be true , and faithfull to this common-wealth , or it is not . if it be a sin : in the judgment of our non-ingagers ; to be true , and faithfull ; then are our non-ingagers worse then enemies : for enemies themselves may without sin passe pacts of truth , and ●idelity to each other : and if our non-ingagers be worse then enemies , t is treacherous in them to pretend they are lesse . pure conscience cannot permit them to say , they are wholly of our judgement , their safety is involved in ours , they are no way disaffected to the present government : whilest at the same time it suggests to them that they sin if they prove true , and faithfull to us . on the other side , if they allow there is no sin in being true , and faithfull to us : then they must allow withall , that there is no sin in promising truth , and faithfulnesse . nay without doubt , the thing being lawfull , the promise of the thing becomes lawfull , if not necessary when t is required by the magistrate for securance of the publick peace . t is a strange thing to imagine , what now predicament the non-ingagers must finde out for themselves . protest enemies they abhor to be , their judgements , their safeties , their own interests force them to disclaim that name : profest friends neverthelesse they dare not be ; some scruples of conscience deter them from any such obligation . neuters they cannot be , because they are natives , and members of this state , and owe allegiance to government , howsoever they may except against this , or that form of government . forreiners that have no dependence upon us , nor owe allegiance to us , may professe neutrality , and if they be not against us , we repute them as if they were for us : but t is otherwise with the english subjects . ambidexters they will disdain to be : for of such the contrary rule is true : if they be not with us , they be against us : a seeming , simulatory , friend to two contrary parties is a reall , assured enemy to both : our saviours mouth has left it unquestionable , that no man can serve two masters . it will therefore well become our non-ingagers , to be plain dealing with us in this , though they may not be true to us , and let us know under what notion they would be lookt upon . if they be neither friends , nor enemies , nor neuters , nor ambidexters , let them give themselves some fifth name , onely let it be such a name , as may fall under some definition . consider . the covenant , we see , is a great hindrance of reconciliation with scotland , which shews the pernitious consequences of laying obligations upon the people . for to oblige the people , and not interpret , nor limit those obligations , is a way to perpetuate strife , to multiply disputes , and conscientious entanglements . answ : . how ill our plain , necessary ingagement , that comes recommended to us by good wholsome precedents from all ages , and nations is compared to the many intricacies , and inconsonancies , of the scoch covenant has been already shewed . the various interpretations of the covenant might perhaps beget , and perpetuate strifes betwixt two emulous nations : but our ingagement is so liquid , facile , and concise a tie of truth , and fidelity from english men to their common mother : that even they which have most tortur'd their brains to raise quaeres , and scruples about it , at last , know not how to stile themselves , nor where to place themselves : nor can they teach us how we should understand their chimeraes or resolve their fond aenigmas . let not that therefore be ado●sed of creating quarrels , which is so hard to be quarrell'd it . consider . it were more for the glory of god , if magistrates would trust god with their government , not thinking themselves the safer by tying man to them , especially by means that have so often failed . oh beware of unbelief . answ : . to use honest , well proportioned means allowed , and appointed by god , with a trust that god will blesse the same to us , is rather to honour , then distrust god : and t is not a trusting , but rather a tempting of god , when we sit still , and let slip opportunities upon a vain expectation that god will supply us with extraordinarie , unpromis'd helps . constant experience instructs us , that promises and other sacramentall obligations have been ever honorably , and profitably made use of for religious , and civill purposes : they have been sanctified by god himself both giving , and accepting of them : they have not onely bound man to man , but man to god , and god to man . therefore to argue against such expedients in this case , upon the strength of such propositions as are generall , and as concludent against all humane expedients in all cases whatsoever , must needs savour of a spirit too litigious , and acrimonious . consider : by this ingagement persecution of godly men is grown higher in divers respects then it was in the times of prelaticall power : in regard that non-ingagers are now more in number then non ▪ conformists were formerly : and whereas imprisonment was formerly the penalty of puritans , non-subscribers now are put ●ut of the laws protection as to their estates : if livre. be owing them , they are at the debtors courtesie , whether he will pay one penny , or not . answ : . the common-wealth of england denyes no protection to any , that will promise truth and fidelity in their reciprocall subjection : nor does it deprive any of the benefit of law , that ingage to be friends to the law . wherefore since the common-wealth is in the place of a mother , and every particular man is but in the place of a son : t is not fit the son which first rejects his mother , should complain afterwards that he is rejected by his mother . away with such stupid gross●● partialities : he which out-la●● himself , cannot complain of an out-laws hard condition : and he that joyns not with the people in all necessary expedients to uphold the law , out-laws himself . t is double injustice for a subject undutifully to forfeit the states favour first , and then to expostulate against its dis-favour : as it is double ingratitude in a son to deny filial duty first , and then to cry out against paternall severity after . the subject here is his own persecuter , and the son his own true dis-inheritor : forasmuch as both with-hold that which was due absolutely , and naturally , yet have nothing with-held from them , but what was due conditionally , and secondarily . consider . we deny not that the magistrate may require security for the obedience of men , that give occasion of suspition : but we deny the magistrates power , and rule over mens consciences . for christ has redeem'd us to himself , that we might serve him without fear , and not suffer our selves to be brought in bondage to the wils of men . so calvin : insti : l : . c : . s : . the conclusion is : what a christian may not lawfully act , he may not be lawfully constrained to act by the magistrate : but a christian may not lawfully act against his conscience though erring : therfore he may not lawfully be constrained thereunto . answ : . t is confessed there are high prerogatives of liberty ( to use calvins own words ) which christ has purchast with his blood for faithfull consciences , to exempt them from the power of men : and that these prerogatives are lost to such consciences , as yeeld themselves to be snared with bonds of laws , and ordinances at the will of men . but we must understand with all , that no exemption from the bonds of the law moral , or any civil ordinances not crossing the law moral , is here intended , or reckoned amongst christs purchased prerogatives : for christ himself was obedient to the higher powers : and did professe that he came not to destroy , but to fulfill the law . we must therefore restrain calvins meaning to a freedom from leviticall ceremonies , or humane , unnecessary impositions in matters ecclesiasticall : or to commands evidently sinfull . inasmuch as the consciences of faithfull christians cannot be properly said to be snared with any other laws , and ordinances . for that we are to be subject to government , and governors for conscience sake : and that a faithfull , pure conscience is a thing very different from the ignorant fears , or rash presumptions of a mis-guided minde , is very cleer by the scripture . therefore when the considerator argues that a man may neither act , nor be enforced to act against an erring conscience . he seems to me to utter meer non-sense , forasmuch as that opinion which may be false , and erroneous , is so far from being a mans conscience , that t is inconsistent with conscience . shall we call the papists blinde zeal which makes him thirst after protestant blood an erroneous conscience ? and shall the magistrate forbear all force , and restraint towards him , because he onely follows the dictates of an erroneous conscience ? we may aswell call that conscience which leads the ranter into uncleannesse : which urges the arrian to blaspheme christ , and which induces the poore indian to offer humane blood in sacrifice to the divill . no : conscience in st. pauls sense ( whom calvin follows ) is that agent of god in the soul which holds forth to us the lamp of nature ( or rather of god creating us ) improved further with the oyl of grace ( or rather of god redeeming us ) to shew us the uglines of ●in , and the beauty of righteousnes : and as this agent of god never mis-instructs us , so neither are its instances with us ever to be rejected under pretence of any humane ordinances and powers whatsoever contradicting . whatsoever is not of faith is sin : and that cannot be of faith , which is not clearly warranted ●y the word of god : therefore to follow an erroneous perswasion , under the name of conscience , is sinfull , unfaithfull , and unwarranted by the word of god . the considerator pleads his doubts , and scruples , and fears , as the dictates of his conscience against the ingagement : alas conscience , i● i● be unde●iled , pure , and faithfull ( such as calvin out of st. paul intimates ) is above all doubts ▪ fears , and scruples , at least it is far predominant over them . and let the considerator deal ingenuously with himself , and search strictly into the darkest retirements of that , which he cals conscience : and he shall finde , that doubts , fears , and scruples assail him on the one hand , as well as on the other . if the considerat●n be not fully satisfied in this , that he may be true , and faithfull to the present government ; i dare tell him , and that from his own mouth too , he is as ill satisfied in this , that he may disobey the magistrate under whose protection he lives , in denying an assurance of his truth and loyalty , when it is not onely a command , but a command so necessary for securance of the publick peace . can we then imagine , that conscience gods resident in the soul is divided against it self ? or can we imagine , that that trumpet which sounds points of war so contrary is to be obeyed , above all laws , and ordinances ? and revered as gods resident ? the considerator will say : if i have my dissatisfactions both wayes , how shall i extricate my self either way ? how shall i ingage , or not ingage without sin , since neither ingaging , nor refusing is of faith with me ? is it not in this case my safest course to obey that instinct , or prompting of my conscience which is most powerfull , and least opposite to faith ? i answer , god has not left thee without an issue , and a way to escape out of the midst of these perplexities . for all cases are either certain , or dubious ; and in all cases certain god has made every man a judge : and has left in every man that which we call conscience to negotiate in his behalf ; and the judgement which conscience passes herein , is beyond all other laws , and jurisdictions . but i● dubious cases , god has not left every man a judge ; private men against their own opinions are to conform to the sentences of their commissioned magistrates ; and in so doing they violate not their consciences , they rather do that for which they have a sure warrant , such a warrant as faith may rest upon , and conscience be quieted by . by this warrant , the apostles , and their followers did pay due allegiance to the caesars , the worst of men , and most injurious of usurpers : though it was more then probable in those daies , that their titles were gotten , and maintained by force , fraud , and bloody rapine . who knows not , that in that infancy of the church herod had newly usurpt over the jews , that the romans usurpt over him , and were in like manner presently after usurpt over by the caesars : yea that even in the family of the caesars , there were almost continuall usurpations ? but the considerator will still say : can conscience permit me to dispence with oaths formerly taken by submitting now to contrary , inconsistent ingagements ? is not this a thing evidently , and indubitably evill ? and is not conscience a sufficient judge of things so evident , and indubitable ? i answer . . where man is hem'd in , with two unavoidable evils , the lesse is to be chosen : and the choise of the lesse , is no sin , but a duty . when man cannot preserve himself , or some other living creature without transgressing a sabbath duty , the transgressing of that duty becomes an office of charity : because the means by its subordination was necessarily to give way to the end . ly , to submit to a new obligation which is conducent to the publick good , and to wave a former contrary obligation , when it is become opposite to its first end is no evident , indubitable evil . the law by oath bound the king , and all under him to maintain the ancient rights , usages , and statutes of the land : yet when any change of those rights , usages , and statutes became necessary for the publick good , we are all satisfied that the king and all under him gave way to that change without perjury . so if we have been sworn to maintain monarchy , the form of government being but subordinate to an higher end , when monarchy becomes destructive to that end , the force of our oath ceases : for laws create forms , and laws uphold forms by oaths ; but neither forms , nor oaths binde longer then the laws : and we see , there is a subordination even amongst laws themselves , and by the rules of that subordination , temporary laws are to yeeld to perpetuall laws , conditionall to absolute ; mediate , to finall . when nature permits heavie bodies contrary to the law of heavy bodies to ascend , for the prevention of some greater breach of some law that concerns all the elements , and the peace of the universe : it teaches us , what we are to do in politicks . i leave these things to the considerators own application . the magistrate which is now girt with gods sword , requires an assurance from him of his allegiance for the better preventing of future broils , and disturbances . his private phancie tels him that assurance is due to some other magistrate , which if he may judge of secret reasons of state , and things above him , has more right to the sword : yet in the mean time doubts , whether god has intrusted him with any such judgement , or no : and he sees his example keeps the publick peace the more unsetled , and he forfeits the protection of law to himself , by denying his obedience to the same : i say no more : the considerator here is hedged in with two inevitable evils , let him consider , whether is the greater . errata . page . line ● . for dishonouring , read dischotomizing . finis . the true portraiture of the kings of england, drawn from their titles, successions, raigns and ends, or, a short and exact historical description of every king, with the right they have had to the crown, and the manner of their wearing of it, especially from william the conqueror wherein is demonstrated that there hath been no direct succession in the line to create an hereditary right, for six or seven hundred years : faithfully collected out of our best histories, and humbly presented to the parliament of england / by an impartial friend to justice and truth. parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the true portraiture of the kings of england, drawn from their titles, successions, raigns and ends, or, a short and exact historical description of every king, with the right they have had to the crown, and the manner of their wearing of it, especially from william the conqueror wherein is demonstrated that there hath been no direct succession in the line to create an hereditary right, for six or seven hundred years : faithfully collected out of our best histories, and humbly presented to the parliament of england / by an impartial friend to justice and truth. parker, henry, - . [ ], p. printed by r.w. for francis tyton ..., london : . "to the reader" signed: henry parker. imperfect: print showthrough with loss of print. reproduction of original in the union theological seminary library, new york. eng kings and rulers -- succession. great britain -- kings and rulers. great britain -- politics and government. a r (wing p ). civilwar no the true portraiture of the kings of england; drawn from their titles, successions, raigns and ends. or, a short and exact historical descri parker, henry c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the trve portraitvre of the kings of england ; drawn from their titles , successions , raigns and ends . or , a short and exact historical description of every king , with the right they have had to the crown , and the manner of their wearing of it ; especially from william the conqueror . wherein is demonstated , that there hath been no direct succession in the line to create an hereditary right , for six or seven hundred yeers ; faithfully collected out of our best histories , and humbly presented to the parliament of england . by an impartial friend to iustice and truth . psal. . . put not your trust in princes . psal. . . men of high degree are a lye ; to be laid in the ballance , they are altogether lighter then vanitie . nihil est imperium ut sapientes definiunt , nisi cura salutis alienae , ammianus lib. . london , printed by r. w. for francis tyton at the three daggers in fleet-street , neer the inner temple-gate , . to the reader . reader , in the study of politicks , the more confident we are , commonly the less proficient we are . for there is no other study wherein the passions of men do more impetuously contravene , and overturn right reason . men born in popular states , think themselves bound to abhor all kings , as being de genere bestiarum rapacium : so rome it self pronounced from the mouth of cato the censor . others on the contrary born under monarchs , speak as odiously of democracies , and make this reply to cato , that even rome her self , when she plundred a third part of the world , and graced her own captains , with the pompous titles of africanus , asiaticus , achaicus , &c. was as ravenous a beast as any other . see what strong byasses wisemen have , and obey . the question is not , whether this , or that form be free from oppression and injustice , or not ; we know well , all forms have their peculiar advantages , and disadvantages : and that at some times they all transgress their own rules and interests , as it were by accident , and not out of misconstitution : the question is , whether the one constitution or the other be more free , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , from oppression , and injustice ? now for solution of this , greater light shines , and breaks in upon us from demonstration , and sensual proof , then from syllogisms , and logical inductions . reading assures us , that rome was not so just to other nations , nor so constant to the interest of her own citizens , when she was under kings and emperors , as she was , when she chose her own consuls , and limited magistrates . t is as apparent also at this day , that the people of venice , the german hans-towns , switzerland , the united provinces , &c. do more flourish , and truly injoy the due benefits of liberty , there the french , turkish , or any royalists whatsoever . t is further as visible by the publike banks of treasure kept in democracies , and the strange splendor which traffick brings to them beyond monarchies , that faith is not kept so sacred and inviolable where one raigns , as where majesty and supream power remains vested in the people ; and most sure it is , the sanctity and untemerated chastity of publike faith is the best and firmest basis of all government . to dispute these things , is to undervalue the report of our own senses ; and to deny our own senses , is to deny our selves to be men . the enemies of our present government ubraide this our popular model , the rather , because it exasperates all our neighbours against us ; whereas this is a great argument for us , that our neighbours are troubled at the ejection of monarchy . for neighbours are more apt to envie then pitty : and the condition of him that is envied , is far better then his that is pitied . the main advantage that commends hereditary monarchy , is the unity of it , for that it is not so liable to civil broils and commotions , as other temperaments where the magistrate is elective : yet reader , if thou wilt strip thy self of thy passions and prejudices , and peruse this treatise , thou shalt see that even hereditary monarchy it self is far from being a soveraign , a remedy against civil breaches and divisions . the author of this book is unknown to me , and the book it self came casually to my hands , but i have been induced to publish it , because it invites thee not to precepts , but precedents , not to disputable but to visible politicks . i need say no more ; by the work rather then report judge of the author , and by experiment rather then logick judge of the work . henry parker . the true portraiture of the kings of england , drawn from their titles , successions , reigns , and ends , &c. to treat of the nature and difference of governments , the distinction and preheminence of monarchy , or aristocracie , with the other kinds , and forms , which have , according to the temper of the people , and the necessity of providence , had their course in the world , will be useless in this discourse , which is calculated only for this nation , and to describe not so much the government , as the persons who have ruled among us , and is onely suited to monarchy as it hath had the sway of the english throne ; a discourse not so pleasing as profitable ; we are loth to have our old soars launced , or to think of change , though it be of misery , the temper of this nation being apt to be pleased with any thing that is stately , and costly , though never so dangerous and miserable ; yet something must be said in generall , to prepare the way for the particulars of this treatise , which is not intended as controversall , or definitive of the nature of things , but meerly practical and demonstrative , fit for every eye that means not to shut himself up in blindness , and darkness . as the foundation and originall of government is confest to be of equall antiquity with the generation and multiplication of mankind : so doubless the just and methodicall use , and due management of it , is as necessary to the well-being of men , as the exact proportions , and orderly motions of the heavens are to the preservation of the globes ; and certainly without it the rationall world would be more miserable then the materiall without sun , moon and stars , with all coelestiall influences , which as they do beautifie and bespangle the world , so they do preserve it from returning to its first chaos , and rude mass of matter ; nothing being more contrary to that unity , and harmony , which the god of nature hath moulded , and disposed all things at first in , then disorder , and confusion , in which , as there is nothing of a deity to be discerned , so nothing of peace or happiness can possibly be found . and notwithstanding all this , the world hath scarce known what the natural sweetness and true benefits of government are , but only as comparative and rather as opposite to anarchy , then as advancing really and effectually the just liberties and freedoms of societies , or propagating the commonwealth of mankind ; for what through the ignorance and sloath of the people , and the pride and ambition of governors , the whole order and end of government hath been inverted , and subverted , upon all occasions ; and that which was made for the good of the whole , hath been so contracted , and circumscribed in one person , that the great and soveraign use , and end of it , by practise and custom , hath been rather to set up the pomp , and state of one man , and his family , then to promote or propagate the profit and happiness of the universe ; and whereas of right to its constitution , it should have a free election as its originall , and common good for its end , and just and equall laws for its rule ; it hath had usurpation for its principle , and tyranny , and bondage for its medium , and end . as to this day we may see in the greatest part of the world , where all the liberties of millions of men of all sorts of conditions , and ranks , are buryed in the glory and splendor of one family ; through which narrow channels , all honor and justice , all law and reason are to run up and down the world . and whereas the goodness , and beauty of government consists in the harmonious temperature of power , and obedience , of authority , and liberty , it hath been quite otherwise inverted by practise , and made apparent to lie in the majestie , and greatness of the monarch , and the absolute subjection , and servitude of the people ; and the excellency , and sweetness of it rather to be seen in the presence-chamber , and the magnificence , and grandeur of the court , then in the courts of justice , and the rich and flourishing estate of the kingdom , nothing being accounted more politicall , and glorious , then to have the prince high , and the subjects beggars ; and yet this ceremoniall way of government , hath took most place in the world , and got almost divine adoration , and hath thrust out all other forms of government , ( equally sacred with it self , and most proportionable to the nature and benefits of societies , and the fee-simple of all the liberties of the people ( which are as their bloud and spirits in their veins ) sold to maintain its state . besides many causes , and grounds of this degeneration ( whereby so much misery hath overflowed the nations of the world ) i find two , which at present are principally to be mentioned ; the first is the neglect of a right sence , and the often inculcating the originall , and end of government ; and the next a lineal succession , or continuation of government , by a natural and supposed heirship ; for want of the first , neither the people know their own rights , or how to maintain them ; or the governour his use and end , nor how to keep himself within the just bounds , and limits of his creation ; for what between the stupidity , and ignorance of the people in not knowing their primitive priviledges , that they are the originall , and end of vernment ; and the pride , and ambition of men , when once they have got power , forget both how they came by it , and to what end they are distinguished from other men , government comes both to be usurped , and tyrannicall . did the people but know that their choice and election is the foundation of just authority , & that none can rule over them but whom they appoint , they would not then be drawn into controversies and debates , whether it be treason in them to cast off a bad governour , who have the only power of choosing a good one ; and on the other side , if kings , and princes ( for to reduce all to them who have been most guilty of the abuse of government ) had but the continuall sence of the root from whence they sprung , and the duties annexed to their offices , they could not look on themselves as rulers , but tyrants when they acted for their own private prerogative ▪ in distinction from , and contrarie to the liberties and freedoms of the people ; but these considerations have been by time and prescription worn out of the mind and memories of both , partly through continual insinuations of court maxims , and the spirit of bondage in the people , and by force and usurpation in the magistrate , whereby it hath gone a long while for currant , that the people have no power , nor the prince no account to give but to god , from whom they challenge an immediate title , as if kings and princes , all their names , and successions were let down from heaven , in the same sheet that the beasts were in peters vision , and had not their root in the earth as all other magistrates besides . we have had much ado of late , but to beat off from these royal notions , both by pens and swords , and yet still they have too strong a hold in most mens hearts , though to their own undoing . whereas all men are equally born free , and naturaliz'd into all the priviledges of freedom and just liberty , no man can obtain a speciall power over any , but either ex pacto aut scelere , either by willing agreement , and consent , which is the right and just way of title , and most naturall , or by conquest , and usurpation , which is most exotick , and unjust ; for the original of kingly power , in the scripture , we all know it came in as an effect of the wantonness , and discontents of the israelites , against that speciall way of government god himself had set over them ; and view the character god gives to them of that government , and not a blessing he gives them with it ; for its rise among the heathens , and nations ( which knew not god ( among whom that government most prevail'd ; ) it was certainly first good , and grounded on the exorbitancies , and excess of other magistrates , and a high opinion of the justice , and vertue of some particluar persons , as cicero lib. offic. . excellently expresseth it ; mihi quidem non apud medos solum ( ut ait herodotus ) sed etiam apud majores nostros , servandae justiciae causa videntur olim bene morati reges constituti : nam cum premeretur initio multitudo ab iis qui majores opes habebant , ad unum aliquem confugiebant virtute praestantem . as if taking it for granted that among all nations that preservation , and execution of justice , with injoyning of vertue , was the first ground of the constitution of kings ; but they having got by their own goodness chief power and authority , use that favour they had gained from their own deserts , to advance their own family ; and having got in the affections of the people , through the sence of their own present worth , what by power and force , and what by policy and craft , got the same power entailed on their heirs , and so by custom have made succession the onely right , or at least the most just to crowns , and scepters . a principle which hath more hindred the advance of government , and run it on more hazards and mischiefs then any other , where by a fatall custom , people must be irreparably content with what they can finde , and reducing all to a blinde fate , & fortune , be he good , or prove bad , talis , qualis , give up both their own wills and liberties to such a succession , not only by a natural necessity , but a divine institution : how the world came to be so blinded , as thus to give away their rights and liberties , and morgage their understandings , and freedom , as bankrupts do their lands , is not to be determined , but by supposal of a judgement of god , and an over-reach of power and force , or by an ignis fatuus of policie and subtilty . for this naturall and hereditary succession ( which is now adored as the grand title ) if truly considered , is nothing else but a continuation of conquest , or a surprisall by the good nature of the people , when they have been either low , and in fear , and taking advantage of their high esteem of some eminent person , who hath been more then ordinary instrumentall to them , have got the people to convey the same honor to their posterity after them ; the peoples consent being thus ravished from them , it s made a law , both civil and divine to after generations ; but the world is now , or should be grown wise : let us consider the nature and use of this succession , both in general , and particular , especially as it hath been acted in england . among all the catalogue of vanities which solomon reckons up in his sacred retractations , there is none he puts such a character on , as for a man to spend his time and strength in getting of riches , and knows not who shall succeed him in the injoyment of the profit and good of his labour , or whether he may be a wise man or a fool ; but what a misery , and worse then vanity is this , that the supream power of government ( in the right execution of which all the concernments of millions of men are interested ) should be intailed on one man , ( though never so deserving in his own person , ) and the heirs of his body , be he good or bad , a wise man , or very nigh a fool , and so all their happiness depend on hap and hazard from generation to generation ? it cannot be rationally or spiritually supposed , that any man should be born a magistrate or governor , especially not successively , when the best men , and most choise spirits , who have had the highest eminencies of vertue , and best improvement of education , and natural genius , are hardly fit for so great a work . if kings have such a vis formativa in their loyns , as to beget kings in the likeness of their office , as children in the image of their natures , it must be necessarily supposed , that they must generate all these royall qualifications together with them , and by the same naturall necessity transfer all their princely endowments to them also . whereas i had almost affirmed it , ( and i hope no man can account it either heresie or treason ) that god himself cannot intail on any particular line of mankinde , the power and authority of government out of his wisdom , and love to their happiness ( without he meant to do it in judgement , and to plague the world ) and not give them sutable and successive qualifications also , fit for that emploiment ; it being gods use ( according to his wisdom , and righteousness ) neither ordinarily nor extraordinarily to call out persons to any place , but he anoints them with proportionable gifts to it . and yet the poor people ( whom god hath naturally made free , and to make use of their own understandings and affections for their own good ) are by this succession , bound up from the improvement either of soul or body , fain to be content with what they can get for present , and to shift it out from age to age ( with the loss of all opportunities of choice ) only with what corrupt nature brings them forth , which oftentimes travels sorely in pain with the curse of the fathers who begat these governors . hence also it comes to pass , that oftentimes children are made kings , and though they are uncapable at present for the actuall exercise of that office , yet are proclaimed , as having the right , and title , and all things acted in their name , and the whole commonwealth , it may be of many nations , must wait for his capacity with fear and hope , which capacity is also at best to be judged by his years , rather then fitness or qualification for so high a trust ; and in the mean while the kingdom must be governed by some favorites of the last king , or some next kinsman to this ; and while the king is thus in pupillage , we may well ask , who governs the kingdom ? and yet oftentimes it hath faln out , that their government hath been better ordered in their nonage by others , then in their own by themselves , as appears especially in the raign of henry the third , and henry the sixth , kings of england ; the first being but nine years old when his father died , the latter but nine moneths ; who while they were yong , and under the protection of certain wise and sober men , the laws were administred uprightly , and with much justice ; but when they themselves came to the years of kingship , and prerogative ▪ so royalled , that both laws & liberties were soon altered and abolished , as anon the reader shall have a more exact account ; and how sad is it , that when government may be advanced as well , if not better by others in their minority , without their presence or influence , the world must be at such vast charges for a title , and to maintain it ere they can use it , and which is worst , that when they come to exercise it themselves , should make their title the ground of their tyranny . but if it so happen ( for its a meer chance ) ▪ that the next heir prove somewhat more then ordinary capable , yet what the next may prove , who knows ? if he be an infant , ( as it many times falls out ) then there must be patient and hopefull waitings , to see what he will be when grown up ; untill that , there can be no further progress made in the alteration or reformation of affairs , though of never so great , and present concernment ; and when he comes to these years which custom pronounceth him capable , how unreasonable is it , that nothing can hinder , or exclude him from his authority , but that he is incapable of being beg'd for a fool ? it being enough , if he can koow his own name , and be able to write himself rex , though he knows little what belongs to the office , or relation of a king . if he be one of riper years , and stature , on which this su●●●ssion falls , then must all the observation of his nature , and the ominous , and more then astrological aspects of his constitution , and education be forgotten ; and although silenced in his pretended title , and a full complyance looked after , though opprest with never so many fears , and secret wishes of a more hopefull governour ; yea , and though he hath been never so active against the liberties of the people , when but a prince , and given demonstrations what a governor they may expect , yet his succession must be his qualification , and indemnity , and his title his vertue . on this ground also it comes to pass , that oftentimes women come to hold the rains of government ; and to steer at the helm , as wel as men ; for if there be any defect of the male line , the female succeeds ; and that feeble and weaker sex , whom god & nature have ordained to be onely particular helps , and good subjects , ( only to keep up the name of a family ) must be invested with the highest authority , over the choisest , and most select spirits of many nations , and all further thoughts of bettering the state of things utterly extinguish'd by a female pretence . and which is most desperate by this succession , ( and its plea of the only and absolute right ) the fundamental liberties of the people are not onely insensibly undermined , but absolutely rooted up , and that birth-right priviledge of the people , their election and choice , then which , they have nothing more naturall , and which is far more hereditary to them and theirs , then by all the laws of god ▪ nature , and reason , crowns can be to kings and their heirs , is quite extinguished ; for pass by the first king , ( who it may be as with us it hath been , came in by conquest ) you must go back in some kingdoms five hundred , in others a thousand years , ere you can but recover the clear notion of a free election ( wherin the peoples power and priveledge is alone and peculiarly seen ) and yet that so faintly and hardly extorted from them , as great loans of mony from a cruel miser , without use or advantage ; and though election must be acknowledged at last , the first just ground of government , yet custom in successions soon wears out its right , and transfers it on the next bloud ; and though in england it appears by the coronation oath , that there is even in succession a kind of election , yet it s so limited in the line , that it s as good as nothing , and so weak and implicitely manifested , that it s but a meer customary ceremony , which always is pursued by the natural title , and onely used to deceive the people , and as a step to the further confirmation of a more fundamentall , and sure right ; and its easie to demonstrate it ; for our kings soon forget it , ere they come from westminster to whitehall , or from the chair of inauguration to the presence chamber . in a word , what gives all this ground of such an inevitable and successively insensible incroachment on the laws and liberties of nations , but this lineall title , whereby the son without remedy goes on where the father left off , and by a divine pretence seiseth on what by nature is due to the meanest subject , as to himself ? and what makes the present kings so daring , and venturous to raise their own prerogative , but this , that that they know there can be no alienation of the crown from his heirs , and that they may make it better ( that is more tyrannicall ? ) but surer they cannot : and thus there is a constant hope , and possibility , by continuation and propagation of principles , and designs , backed with title , and authority , that what cannot be done in one kings reign , may be done in the next , and so on ; for the minds of princes are not usually contracted , or contented with present enjoyments ; especially if there be any restraint on their wills , or more of heighth , or advancement to be attained unto . yea , this is one of the main reasons ( that in our times can be rendred ) why we have had such uneven actings , and such strange alterations in several kings raigns ; the principles , and laws , the people have been always the same , who are capable of small or no variation or change , but as higher , and supream influences move them , of which none hath been so powerfull as princes , who as they are stars of the first magnitude , so of the strongest operations ; and though the people be compared to the sea , yet as the sea , they have no turbulent motion of their own , but what is occasioned by violent and uncertain winds ; but the great change hath been by the temper , and actings of princes , and commonly the next successor hath been the omen and fate of the times ; if any way good , then the nation smiled , and his raign began the spring ; if probable , there was hopes ; and yet both these at first promised , but at length frustrated ; and however the beginnings were , yet the succession of acts demonstrated how the title was created ; for untill they have made their succession sure , none have been more fair , and promising , but afterwards both laws and liberties , like favourites , have been advanced ad placitum ; and what they have got an interest in by nature , that by prerogative they have centred in their own proper persons , even the most fundamentall priviledges of the people , and have only granted leases unto the people of their own inheritances , and dated them not for life ( which would have been too great a mercy ) but as long as the royall pleasure lasts , which changes alwayes with advantages . yea , by this succession tyranny is so intailed , and all things so necessarily acted , as if the prince were not onely the civil , but natural parent of the people , and that kings had begot the people as so many bastards to obey , as they do beget one lawfully to raign over them . it s too well known , that good and wise men are the fewest of the sons of men , and are commonly pickt out here , and there , as rich pearls on the shoar of violent torrents ; but to expect in one line , and family , a succession of good , wise , and governing men , is almost as probable to christians , as to expect mahomets second coming among the turks , after so many hundred years delusion ; and although it must be acknowledged , that there have been some good kings , yet they have been so few , that as their names from the beginning of the world can hardly make up the dominical letters in the almanack , or possibly supply the holydayes in the year , so a little goodness hath gon far , and at the best we shall finde it but comparative ; good kings instead of better governors , as some of the roman cesars , chose those to succeed them who were worse then themselves , that they might commend , and set off their own raign , though tyrannicall enough in it self ; and we may without any passion demonstrate , that the design by succession hath been rather to keep up the governors , and palliate their vices , then ever to maintain or highthen the glory , and splendor , or carry on the benefit of the government it self in the execution of good and righteous laws . but to come nigher home , and leave generals ( granting succession in it self to be a good title ) let us view without partiality , the succession of the kings of england , whereby they plead their title to the crown , and we shall find in our histories , that nothing hath been more commonly interrupted , then a succession of the next heir ; and for this seaven or eight hundred years ( if not more ) we have not had succession continued in any even line or just right , and no title was ever more broken , and unjust , then of our kings , if they make a lineall , and hereditary succession the foundation of their right ; let us look but a little back to those which preceded the norman race , especially among the saxons and danes , the ancient competitors for the government of this nation , and it will appear , that the right heir hath been commonly past by ; and strangers or usurpers preferred ; to go no further back then to alfred king of the west saxons , and the twenty fourth monarch of the englishmen ; as soon as he died , athelstan his bastard was preferred before his legitimate son edmond , & after him got his own brother edmond to succeed him ; and though this edmond left two sons , edwin , and edgar , yet as he & his former brother had usurped the goverment , so edred his brother stept into the throne , and put them by until he had finished his raign , & then they took their turns ; edwin first , and edgar after him ; this edgar had two wives , ethelfled his first , and elfrida the second : by the first he had issue , edward , sirnamed the martyr , who succeeded his father in title ; but having hardly felt the crown warm , and fast on his head , was cruelly murthered , to make way for the second wives son ethelred who succeeded him , as daniel well expresseth it , whose entrance into his raign was blood , the middle misery , and the end confusion ; and though he left his son edmond , sirnamed ironside , to succeed him , yet canutus the dane by compact got half of the kingdom from him , and soon after the whole , setting up his danish title , and murthering the two sons edmund had left , with his brother edwin , that no further pretence might be made by them of their title ; and now come the danes to convey their title by ▪ canutus ; and yet harold his bastard gets the crown before hardicanute , who was his legitimate son ; and among these three kings ( for the government under the danes continued but twenty six years , and only under these three was aone usurper , & immediatly interrupted the right of succession . and the danes government being ended , which was but an intervall of conquest ) the saxons regain their title ; and edward , called the confessor , the seventh son of elthelred ( who came in with the murther of the right heir ) being kept as a reserve in normandy ) is elected king , and the saxons title now begins to revive , but soon it s extinguished , not onely by the norman pretence ▪ but by the next successor , harold the second , son to goodwin , earl of kent , who came in with the expulsion of edgar athlings the proper successor . and with harold ended the saxon race , which had lasted about five hundred years , after the coming in of hengist , and their plantation in this kingdom ; and yet you see what have been the titles successively of these former kings , wherein the line hath not onely been now and then through force and violence cut off and discontinued , but usurpation solemnized with as much ceremony as any natural pretence : but these instances are but as representations of objects afar off , which may seem otherwise then they are ; we will go on and review the title of our kings from william the norman , sirnamed the conqueror , and by whom , not onely the line , but all the whole fram of laws and liberties were not onely curtail'd but changed ; for though in the raigns of the former kings , every conqueror made his impression , and drew his picture in england , yet never was the whole scene of state changed untill now , and a new modell so peremptorily ( and without repeal ) introduced , as by him : the first jus , or right of his title ( the onely foundation of all the rest of our latter kings ( we all know was by meer conquest , which as it is a disseisin in law , so an unjust title in reason , and common to one as unto another : yet he though a bastard , ( and so had less title to his dukedom then to england which he won by the sword ) made himself the principal of that divine succession we now stand upon , and all our kings have no other pretence then by the succession of his sword ; and certainly , if the fountain , and head-spring be corrupt , the stream cannot be christall and pure ; and yet ( as baron thorpe declares in his charge given at the assizes holden at yorke the twentieth of march , . and now in print ) of all these twenty four kings , which have king'd it amongst us since that william , there are but seven of them that could pretend legalty to succeed their former predecessors , either by lineal , or collaterall title , ( and he might have contracted that number , and have been modest enough . ) but that the reader may not be prejudiced , or wrap up his understanding in any expression , let him but follow the discents of the kings of england in the line , ( and pardon the first strange and exotick way of right ) and he will discover , that as the first title was created by force , so the succession hath been continued by usurpation . speed ( too royall a writer ) gives us a hint to go on upon in the life of henry the fourth , page . ( asketh by way of interrogation ) what right had will , the conqueror , the father of all our glorious tyrants ? what right ( we speak , saith he , of a right of equity ) had his son william rufus , and henry the first , while their elder brother lived ? and so he goes on . but to give a more particular account to the reader , how ▪ every king came to his crown , let us begin with the first of the first . after that the first william , who laid the foundation of his right in the blood of the english , had left this world , as well as his kingdom , great strivings there were who should succeed ; and though he left three sons , robert , william , and henry , yet could leave but one heir , which was robert ; yet william surnamed rufus , gets the crown set on his head , notwithstanding the elder brothers title , and though robert fights for his right , yet being too weak in the field , is fore't to a composition , on these terms that he should injoy it after his decease , if he hapned to survive ; and yet notwithstanding , henry the youngest brother ( called henry the first ) steps in , and makes use of his brothers absence to set up himself in his place ; and robert yet surviving , he weares it in his stead , and however he strove to regain his right , he at last was fain to yield up , not only his title , but his person to henry , who not only unjustly excluded him from the succession to the kingdom , but cruelly put out his eyes that he might only feel his misery , and never see his remedy . the line male of the conqueror is now extinct , as well as it was irregularly diverted ; as william got his right by his sword , so all his successors maintained it in imitation of him , rather then by any legal pretence they could derive from him . but henry the first ( though ▪ he had come in over the back of his elder brother ) that he might make more sure work for a succession , wanting issue male living , pitcheth on maud his daughter , formerly married to the emperor henry the fourth , who left her a widow , and died without issue ; and having sworn all the nobility ( especially stephen ) to her , ordained her & her issue to be his successors in englands ▪ throne , and married her again to jeoffrey plantagenet , the son and heir apparent of fulk , then earl of anjou , by whom she had three sons , henry , jeffrey , and william ; to henry the crown belonged as next heir after his mother ( by the usurped title of his father , ) yet stephen , earl of mortain , and bulloign , son to adelincia the third daughter of william the conqueror , by maud his wife , ( notwithstanding his oath to the last king ) gets the crown set on his own head , and excludes her , and her issue for the present ; yet after he died , henry , called the second , sirnamed shortmantle , though his mother was alive , enjoys it . this henry had six sons , william , henry richard , jeoffrey , philip , john ; the two first dying , richard the third son , the first of that name , sirnamed ceur de lyon succeeded his father ; this richard dying without issue , his yongest brother john usurps the crown , notwithstanding jeoffrey his elder brother had left a young son , named arthur plantaganet king of brittain , who was heir apparant to the crown ; and after he dyed , henry his son the third of that name succeedes him , though arthurs sister was then alive , ( though in prison ) who was next to the title ( such as it was ) ; after him edward sirnamed longshankes , called edward the first , layes hold on the crown and wore it with much majesty , and after him edward the second his son goes on , but still on the old account , and on the ruine of the most proper heirs ; this edward was deposed by the parliament for his ill government as anon shall be more fully related ; and his son edward the third of that name set up in his room ; after him followed richard the second , son to the black prince , who was also deposed , after whose dethroning , henry called the fourth , son to john of gant duke of lancaster , and uncle to the former king , snatcheth up the crown , though of right it , was to discend to edmund mortimer , earle of march , the son and heir of lionel duke of clarence , the third son of edward the third , and an elder brother of john duke of lancaster ; and thus we have nothing hitherto , but interruption , and usurpation ; and those which in their own reigns can pretend a divine title by succession , which must not be altered , can for their advantage put by the succession of the issue of others . but to go on , here now began the bloody wars , and contests between the house of lancaster , and york which made the world to ring of the misery of the civill wars of england , and all about a title , and neither of them ( if seriously weighed ) had a right title by succession , if the first title of their ancestors were to be the originall ; but that custome might be the best right , he got in his son henry , who was the fifth of that name , to succeed ; and his son henry the sixt ( though an infant ) takes his place , untill edward duke of york overthrew his army in the battle at towton field , and got him deposed , and was proclaimed king by the name of edward the fourth , though the title had been carried on in the house of lancaster thorow three discents ; thus favor , and fortune , not lineall succession alwayes gave the best title ; this edward left two sons behind him , ( to maintain the succession of the house of york ) edward and richard duke of york and five daughters . his eldest son edward who was the fifth of that name , succeeded him in claim , & title , but rather lived then raigned ( being an infant ) had never any actuall exercise of his government ; for ric. duke of glocester , and uncle to this infant , and made his protector , that he might set up himself , causeth both the young titular king , & his brother , ( these two royall infants ) to be barbarously murthered in their beds , and so wears the crown himself , by the name of richard the third , untill henry earl of richmond ( a twigg of a bastard of john of gaunt ) by his valour at bosworth field , having overthrown his army , slew the tyrant himself , and created by his sword ( for other he had none ) a new title to himself , and was crowned king , by the name of henry the seventh , who , what by his power and by a marriage of the lady eliz. the eldest daughter of ed. the fourth , confirmed his succession , & from him do all our later princes derive their title , as henry the eighth , edward the sixth , queen mary , queen elizabeth , king james , and our last tyrant charls . this henry , the foundation of our great ones , was himself but a private man , who as speed says , had scarce any thing of a just title , or of a warrantable intention , but to remove an usurper ; besides there were many naturall heirs of the house of york which were children of edward the fourth , and george duke of clarence , richards elder brother , who had better right : but when once a title is made , it must be maintained , and if it can but get thorow two or three successors , it s presently proclaimed to be jure divino , and pleaded as the onely just title and right . thus you have a faithfull , and true account of the succession of our norman monarchs ; we can onely say we have had so many persons raigning , and as kings of england ; but for a title by lineal succession , there is none , but what every man may make aswell as any man , and what is as proper to a stranger , as to an heir ; power , and favour , murther and deceit being the most common principles of the right of most of our kings to their government over us . if it be asked , as speed doth , what right had william the conqueror ? then it must follow , what right had all the rest ? but supposing his right , what right had these , who so many times cut off the line , and made themselves the stock of future succession ? and what misery is it that this broken and usurped title must still be forced on us , even by an ecclesiasticall , and divine institution , who have now a way of redeeming our liberties , and bettering our conditions , and following the direct line of just and true titles , the election and choice of the people ? is not five or six hundred year enough for england to be under the succession of a norman bastard ( pardon the expression , its true though plain ) and to be sold with all its liberties , from usurpation to usurpation , as well as from generation to generation ? i need not be very zealous in application , the history is enough to make all wise men consider , by whom we have all this while been governed , and upon what terms ; how tyranny and usurpation comes to be adored , if it have but a royall name added to it . shall the parliament of england be now blamed for cutting off that race of usurpers and tyrants , and reducing affairs to their first naturall and right principle ; or will the people of england after all their experiences , centre their liberties and freedoms in a customary usurpation of succession , and lose their common-wealth for the personall glory of a young pretender ? especially , when they have fought against the father , and cut him off as a tyrant , endeavour to set up the son to follow on both the first cause , and revenge , meerly because he was supposed to be proceeded of his polluted loyns : this blindness will be our misery , and endear us to a more perfect and more tyrannicall slavery then ever yet england felt . but to go on , the reader hath seen what a line we have had in england , and how pure a title our kings have had to their crowns ; le ts now but have patience to view their actings successively , and yet shortly , and we shall better guess of their right by their raigns ; for though one would think that they should endeavour to make good a bad title by a good raign , yet it hath been far otherwise ; every man having made his right by force , maintained it by tyranny ; and when they have gotten power , never remembered how , or to what end they attained it ; if we look back again , and make a new and strict survey of their severall actings in their government , and go over every kings head since willam the conqueror , we shall not much mistake if we pass by turkie , russia , the moors , and yet call englands kings tyrants , and their subjects slaves ; and however in the theory , and system it have been limited , and bounded by good and distinguishing laws , yet in the exercise and practique part almost of every kings raign , we shall find it deserve as bad a name as others who are called most absolute ; for the laws and priviledges which this poor nation hath enjoyed , as they have been but complementally granted for the most part , and with much design , so they have ever ( upon any occasion ) proved but weak and low hedges against the spring-tides , and land floods of the prerogative of the prince , which hath always gained more on the priviledges of the people , then ever the sea by all its washing and beatings of its boysterous and unmerciful waves hath gained on the land ; for if at any time the poor commons ( through much strugling , and a good and present necessitous mood of the prince ) have got off any present oppressions , and forced out the promise for enacting of any good and seasonable laws : yet either the next advantage , or at least the next successor , hath been sure , either to silence , or diannul it , and incroached upon it ; and never was priviledge or good law enacted , or gained to the people , but by hard pressure of the subject , and with a predominant ingredient of the kings advantage , and still rather out of courtesie then right . we shall finde also that england for three or four hundred years together ( some lucida intervalla excepted ) hath been a stage of blood , and the astonishment of all nations in civil wars , and that meerly , either for the clearing of the title to the crown ( which yet at last was onely made lawfull by the prevailing power , and as soon made illegall when another side got the better ) or else by the subject and barons , taking up arms to defend themselves , and make rampiers ( if possible ) against the inundation of prerogative , and rather preserving , then obtaining any additions of liberties , and yet they were commonly defeated at last ; for if for the present by some eminent advantage , they got a little ground , they soon lost it again by royal stratagems , and were either forced , or complemented ▪ into their old miseries , with a worse remembrance of former actings . but to enter into the particulars of this sad story : all men know ( or may ) the tyrannical domination of that first william , who behaved himself as a conqueror indeed , and a most perfect tyrant ( since whom we have never had an english man , but one , who hath been naturalized by the succession of his conquest as king of england ) he presently changed most of our laws , especially those wherein the english liberties were most transparent , and preserved , and made new laws , and those which he left , writ them all in french ; disweaponed all the natives , sent the children of the best , and most faithful of the nobility into normandy as hostages , and the most gallant of the english were transported by him into france to serve his wars , that he might extinguish their families ; he advanced his normans into all places of the nation , and kept them as a guard over the english ; brought in the cruel forrest laws , and dispeopled for thirty miles together in hampshire , pulling down many towns , and villages , with churches , chappels , and gentlemens houses , making it a forrest for wilde beasts , ( which is ever since named the new forrest , but was the old ensign of our misery and slavery ) he laid on innumerable taxes , and made laws royal , very severe , and in an unknown language , that the english offending might forfeit their states and lands to him , which they often did , through ignorance : but alas , what need i mention these ? who ever reads but our histories , ( and the most favorable ▪ and fawning royalist ) will see more then now can be expressed ; and yet here is the first fruits of our kings and of their righteous title , whose succession hath been as much in tyranny after him , as in title : and yet we must , by a sacred obligation be bound to maintain with our blood , and lives , the branches of this rotten root , notwithstanding all the providential , and divine opportunities of casting off that miserable yoak which our forefathers , so sadly groaned under , and would have triumphed in the pouring out their blood ( which they shed freely , but to little purpose ) but to have foreseen their childrens children might have but the hopes of attaining to . but although william the first made sure his conquest to his own person , yet by his tyranny he gave ground of designs , and hopes of recovery after his death , & therefore the people who but murmured and mourned in secret formerly , consider now their condition , and that robert the right heir was wanting , and his second son endeavored to be set up , begin to capitulate , and repeat their former grievances , and to stand upon their terms , with the next successors ; but william rufus who longed for the crown , and saw what advantage he had by his brothers absence , through the mediation of lanke-frank the arch-bishop of canterbury ( a man for his vertue and learning in great esteem with the people ) got himself to be accepted , and crowned king ( with exclusion of his elder brother ) by fair promises , and engagements to repeal his fathers laws , and of promoting the liberties of the english ( any probability being then taking to the poor people . ) but no sooner had he got the crown fastned on his head , ( and defeated his brother in battle ) but he forgat all his own promises , follows directly his fathers steps , grows excessive covetous , lays on intolerable taxes , and merciless exactions , returns their longings , and hopes after their just libertie into a sad bondage and slavery . the poor people having thus smarted for their credulity , & renewing their sense of their misery , under the two former tyrants , take heart once again , and refuse to admit any after his death , until ( as judge thorpe well expresseth it in that forementioned discourse ) they were cheated into a second election of hen. the first , his youngest brother ; for the people standing for their liberties ( and yet , alas , but negatively , rather to be freed from excess of oppression , then knowing what true freedom was ) having felt the misery of their loss in the two former persons ( shall i call them kings ? ) raign ; denied any consent to another person of that stock without solemn capitulations , and covenants to settle just laws , and to ingage for the execution of them , with abrogation of all former mischievous and inconvenient ones , ( which matthew paris calls unworthily , a politique , but trayterous way of capitulating . ) whereupon henry , who had nothing of title , made friends by his engagements , and roberts absence in the holy-land , and doth absolutely promise to begin all anew , constitute just laws , reform his fathers , and brothers exorbitancies , and to be as a nursing father both to church and state ; these fair insinuations got him the crown , though robert was to have it first by his own right , and next by his brothers covenant and will . and that he might not seem altogether disproportionable to his engagement , the first action of his government was to bait the people , and sugar their subjection , as his predecessor in the like interposition had done , but with more moderation and advisedness ; but having once secured his title from his brothers jus , and setled some affairs abroad , began much after the old strain , ( yet not altogether so violent ) yet these cruel and savage laws of the forrest he revived , and put in execution , yea , urged as the most fundamentall law of the realm , and many sore in positions he levied ( which the people were not able to bear ; ) that these two sons , though they ended the direct line , yet they propagated their fathers tyranny ; onely he got the throne by force ; they by subtilty , and delusive engagements ; and now the poor people , who had still been cozened , and are commonly passive , begin in the next kings reign , ( viz. of stephen , another usurper ) to be active , and to struggle for their liberties more seriously and thorowly , and not contented with promises of abating former pressures , drew up the summ of their desires in a more exact method , and demand publikely the restoring and re-establishing of st. edwards laws ( for such a rarity was that former prince , as they canonized him a saint ) which were many years before granted ▪ but by new and strange successions buried ; and stephen , who came in odly to the crown , and was continually in various motions to maintain it , confirmed all these laws , and to gain the people , ratified them by parliament , the best security in these cases ; but soon after prerogative ( like a lion in chains ) breaks forth again with fuller rage , and devours all these grants , with the hopes , and expectations of the people ; for though in the two next kings raigns these grants were not actually repeled , yet were laid by , and only wrapt up in parchments , and husht by the noise of drums , and trumpets . for henry the second , the next king , spent most of his time in cleering the controversie ▪ between regnum & sacerdotium , the crown and the mitre , as in setling his own title both here , and in normandy ▪ and ireland ; a while he and thomas becket were standing in the special rights , and priviledges of the church , and state , the liberties of the people were laid asleep , and certainly he hated the former grants , because made by stephen , who had stoln the crown both from his mother , and himself ; the notablest story in this kings reign ( setting by his warlike atchievements ) is , that after becket had often foiled him in his authority , he was handsomly whipt by the monks , in going to visit beckets shrine , which was part of his pennance , for giving secret order to assasinats to make him away ; and that he kept rosamond as his concubine , to the vexation of elenor his wife , who at last vented her revenge on her , having found her out in that intricate labyrinth made on purpose for her at woodstock , by the clew which rosamond had carelesly untwisted . the next that laid claim to this crown , was his son richard the first , surnamed ceur de lion ( as before ) who was to be commended rather for his personal valour , in other nations , then for any good done to this ; he began well in enlarging his mother elenor , whom his father had imprisoned , because she could not abide his lascivious living with his wanton paragon rosamond , and advanced many persons by speciall favours ; yet these respects were more particular , then of any publike advantage to the state ; for out of a blind zeal in those times , after he had been in england but four months after his coronation , he went into the holy-land , against the turks , leaving the regency of the kingdom to an ecclesiasticall person , william longchampe , bishop of ely , who to please the king , and by speciall command , undid the people , and committed great exactions , and as hoveden says , clerum & populum opprimebat , confundens fasque nefasque did all as he listed , and little cared by what means he filled the kings coffers , and his own ; ( acting but by proxie and in imitation of what his master would have done , if at home ▪ & by many a private command ) as it afterwards proved ; for when richard undertook this voyage , that he might not seem at first burthensom to the people when he left them , and to maintain both his design , and absence on their purses ( and so alienate their affections from him when at so great a distance , and give grounds to his brother john to try an experiment for the title ) wifely sold much of his own estate to raise him monies , as the castles of berwick ▪ and roxborough , to the king of scots for ten thousand pounds , and the lordship , and earldom of durham , to hugh then bishop of that see , for much mony , as also many honors , lordships , mannors , offices , priviledges , royalties , to many of the nobles , and rich commoners , whereby he furnished himself with a vast treasurie of mony for that service ; and that you may see what interest he and his companions think they have in his peoples goods ( however they dissemble it ) he often protested that he would sell his city of london ( as my author saith ) to any that would by it , rather then be chargeable unto others ; but notwithstanding all this , as the people were sadly opprest in his absence by his viceroy , so much more when he returned by himself ; for he then began to redeem his time , and to play rex with a witness ; he fell presently to plunder all religious houses , laid on new and unheard of taxes on the people , and resumed into his hands again all the lordships , mannors , castles , &c. which he had sold to his subjects , and confirmed it by all the security they could have from man ; this is the misery of depending on royal promises , and engagements , which are usually nothing else but complementall engins to move up the peoples affections , while they more easily , and insensibly drain out their blood , and purses , this was the end of this rough , and lionlike king , who reigned nine years , and nine months , wherein he exacted and consumed more of this kingdom then all his predecessors from the norman had done before him , and yet less deserved it then any , having neither lived here , nor left behind him monument of piety , or any publike work , or ever shewed love or care to this common-wealth , but onely to get what he could from it ; we see hitherto what a race of kings we have had , and what cause we have to glory in any thing but their tombs ; and yet if we expect better afterwards , we shall be as much mistaken of their actings as they were of their right . the next that raigned ( though without any hereditary title ) was king john , stephens brother ; whose government was as unjust as his title , for he ( having by election , out of fear and policy of state , got the crown , with expulsion of arthur the right heir ut supra ) embarked the state , and himself in these miserable incumberances , through his violence and oppression , as produced desperate effects , and made way to those great alterations in the government which followed ; the whole reign of this king was a perfect tyranny ; there is in history hardly one good word given him ; the barons and clergy continually opposed him , strugling for a confirmation of their long desired liberties , but were most commonly either cluded , or defeated by promises which were never intended to be performed , until at last being more entirely united with the commons , and stoutly resolved and confirmed by an oath , taken at st. edmunds-burie in a general assembly , they then swore on the high altar , never to lay down arms , if king john refused to confirm and restore unto them these liberties ( the rights which this kingdom was formerly blest with , and which all the late kings had cheated them of ) the king knowing their power , and considering their engagements , makes use of policy , and desired time to answer them , entertaining them with smooth and gentle language , and courtesie , untill he had got strength , and then he began anew to try experiments of securing himself , and frustrating their desires : but the lords continuing their resolution , and knowing nothing was to be obtained but by strong hand , assemble themselves with a great army at stamford , from whence they marched towards the king , who was then at oxford ; sent him a schedule of their claimed liberties , with an appendix of their absolute resolutions , in case of his denyal ; this tyrant having heard them read , with much passion replies : why do they not demand the kingdom as wel ? and swore he would never grant these liberties , whereby himself should be made a servant ▪ the barons upon his answer being ( as daniel saith ) as hasty as he was averse , resolve to seaze on his castles , and possessions ; and repairing to london , being welcomed by the citizens , who had too long groaned under the same tyranny , they get a great access of strength by new confederates , and renew their spirits & oaths for the thorow prosecution of the war ; the king seeing himself in a strait , which by no ordinary strength he could evade , by gentle and teeming messages sent to the barons , he obtained a conference in a medow called running-mead , between windsor and sta●es , where armed multitudes came from all places , crying nothing but liberty , liberty , so sweet was that tone to them then : after many hard conferences , the king seeing it no time to dally , & that they would not trust him with any complemental expressions , whom they looked on as formerly perjured , grants their desires ; not only , saith speed , for liberties specified in magna charta & charta forrestae , but also for a kind of sway in the government , by five and twenty selected peers , who were to be as a check over the king , and his chief justiciar , and all his officers to whom any appeal might be made in case of breach of any article or priviledge confirmed by that charter ; and now one would think the people were secure enough ; but though they seem now to have the livery , yet they had not the seisin ; for presently the king having got now credit by the largeness of his grants , gets liberty with less suspicion to undo all ; and in a short time ( pretending these grants to be acts of force ) having got power , renounceth his engagement by them , and afterwards repeals them , and dispoiled all these of their lands and possessions , who had any hand , or heart in procuring the former grants ; and by new , and additionall laws made them more perfect slaves then ever they were before , untill at last he was poysoned by a monk , instead of being deposed . but though he be dead , yet the miseries of this nation ended not with him ; for his son henry the third ; who succeeded him , though he could not at first follow on his fathers designs , being an infant , yet at last did not onely imitate , but outstrip him , yet the english nation , ( who are much given to credulity , and apt to be won by fair and plausible promises , ) notwithstanding all the fathers iniquity , imbrace the son , having taken an oath of him to restore , and confirm the liberties they propounded to his father , which he had often granted , and as often broken ; but for all his first oath , they were fain , not onely to remember him of it , by petitions , but oftentimes by arms and strength . and though there was in this kings raign twenty one parliaments called , and many great subsidies granted , in confirmation of their liberties , yet every parliament was no sooner dissolved , but the ingagement ceased ; a hint of two or three special parliaments , and their success will not be amiss to be set down in this place . this king not being able to suppress the barons and people by his own strength , ( they having gotten not onely heart , but power ) sends to forraign nations for aid , and entertains poictovines , italians , almains , provincioes to subdue his own people , and set them in great places ; which dangerous and desperate design the barons much resenting , raised their spirits , and ingaged them in opposition to his government , and set them on with more courage to look after their liberties ; therefore they several times stand up against the violence of prerogative ; but what through want of strength or caution they were commonly disappointed ; yet rather ( if we may speak truly ) from the unfaithfulness of the king then any other defect , except it were their easiness to believe kings , when their prerogative , and the peoples liberties came in competition ; for after they had many times got , or rather extorted many promises , and confirmed them by oaths , ( the best humane security ) they were put to new designs , through either the suspention , or breach of them , witness these instances ; after many foiles ▪ and tedious and various delusions by this king ( whose beams attracted most , dazled others ) the barons , and people ( who were then unanimous through mutual oppressions ) fall more close , and severe on their principles , and wil not endure either delays , or delusions , and therefore effectually to redress their grievances , came very well armed to a parliament then holden at oxford ( intended rather for getting subsidies , then removing oppressions ) in which assembly they put the king to it , urge their former complaints with more zeal and reason , and with an addition of a mighty spirit , demand the absolute confirmation of magna charta , and in a larger edition ( wherein are comprised those gallant priviledges of the commons of england , which have yet been but kept by ink , and parchment ) and not trusting the king , got his son , prince edward , to seal it , with an addition of twenty four ( some write twelve ) peers which fabian stiles the douze peeres , not only to see these priviledges truly observed , but to be as joynt regents with the king ; and all the lords , and bishops in parliament took a like oath , to maintain these articles inviolable ; yea , and all that would have any benefit of residence in the kingdom , were enjoyned to take the same ; but these were too strict bonds for such a princes wil , he soon finding advantages ( as he sought them ) recals all , gets a dispensation from the pope for his forced oath and to countenance his perjurie ▪ and acts in the old account ; the barons again stand up with the people stoutly for the performance of the articles of oxford ; and sometimes brought him into straits ; yea , fully ▪ defeated him in many bloody battles , and regained the confirmation of the same laws , with security ; that all the castles throughout england should be delivered to the keeping of the barons , that the provisions of oxford be inviolably preserved , that all strangers should be dismist the kingdom , but those which by generall consent should be thought fit to remain ; this necessitous act though as it gave the people some peace and hopes , so it gave the king time to consider of new mediums , and therefore still to delay , and blind , he assembles a new parliament at london , where having ( by the sprinkling of court water ) won many lords to take his part , begins to surprise as many of the barons as he could get , and spoiled their castles and houses , that success and authority grows strong on his side , and the barons with some calme provisoes mediate a peace , insisting onely in generall that the articles of oxford might be observed ; but the king relying on his strength , defies them as traitors ; which done , the peoples two generals , the earls of leicester and glocester , seeing no other means but to put it to a day , supply their want of strength by their wit and diligence , and carefully and artificially placing their battel ( which was fought at the town of lewis in sussex ) overthrew the kings army , took the king , the prince , the earl of cornwal , and his son henry , the earls of arundel , hereford , with many other lords , and gentlemen , both english and scottish . and now having the king , and prince , and most of the nobles , and a new confirmation of all , one would think the great charter was out of danger , either of blotting or razing ; especially if we consider the solemnities formerly used in the ratification of it , ( as daniel excellently relates it in his history , p. . ) the people knowing that no civil promises , or verbal professions would hold in kings raptured by prerogative ▪ & devoted to perjury to maintain their tyranny , take a more ecclesiasticall and divine way of obligation , swearing to excommunicate all that should be found infringers of that charter ; when the people with the king , and all the great nobility were assembled with all the prelates , and the chief bishops in their reverent ornaments ( with burning candles in their hands ) to receive that dreadfull sentence ; the king having one great candle in his hand , gives it to a prelate that stood by , saying , it becomes not me being no priest to hold this candle , my heart shall be a greater testimony ; and withall laid his hand spred on his breast all the while the sentence was pronouncing , which was authoritato omnipotentis dei , &c. which done , he caused the charter of king john his father to be read , and in the end having thrown away their candles ( which lay smoaking on the ground ) they cryed out , so let them that incurre this sentence be extinct and stinck in hell ; and the king with a loud voice said , as god help , i will , as i am a man , a christian , a knight , a king crowned and annointed , inviolably observe these things . never were laws saith he ( whose words express the thing most emphatically ) amongst men ( except those holy commandments from the mount ) established with more majestie of ceremony , to make them reverenced , and respected , then these were ; they wanted but thunder , and lightning from heaven , ( which likewise if prayers could have effected they would have had it ) to make the sentence ghastly , and hideous to the breakers of it ; the greatest security that could be given was an oath ( the onely chain on earth besides love , to tye the conscience of a man , and humane societie together ) which should it not hold us , all the frame of government must needs fall quite asunder ; yet so ( almost a miracle ( though over common among our kings , saith master prin out of mat. paris ) the parliament being thus dissolved ( by a sacred and most solemn conclusion ) the king presently studies how to infringe all the premises , his parasites telling him the pope could soon absolve him for a summ of mony , which afterwards the pope did , and the king returned to his former oppressive courses with more violence , and hardness ; and taking advantage by the division of the barons , two generals , the earls of leicester and glocester , the latter of which joyned with the young prince edward , and sir roger mortimer the kings wicked counsellor , a new and potent army is raised by them , against the earl of leicester ( who had the king prisoner ) and those which kept constant with him for the peoples liberties ; and he with the rest of the barons , are overthrown ; and immediately after a parliament is called , and all these laws and decrees made voyd ; and that parliament held at oxford , wherein all these laws were first confirmed by him , called insanum parliamentum , the mad parliament ; and all these patents , commissions or instruments made to ratifie these articles , were brought forth , and solemnly damned ; and so bright and resplendent did prerogative break forth , that it was proclaimed treason in any but to speak or mention any of these grants with the least approbation ; and because the city of london had engaged with the barons and people as a principal part of the whole , he would needs have burnt the city , had not some wise and potent favorites interposed , and yet they could hardly disswade him from that barbarous and impolitick wickednesse ; but what he spared in their houses , that he gott out of their purses , and made up all his losses with a thorough subjection of their persons , and suppression of their liberties . i need relate no more of this king , nor make observations , the reader will be amazed at the repetition ; he at least times gave his promise for the confirmation , & execution of these just decrees ( contained in magna charta ) and as many times was perjured , notwithstanding all the solemnities , both civil , moral , and ecclesiastical , used in the acts of ratification ; this may learn us how to trust the most positive engagements of princes , which cross their own interest , and what to think of that word and promise they call royall ; this king reigned fifty six years , the longest of any king of england : but we have had too much of the story of him , as he had too long a time to rule , considering his temper , and design . it s well if we can be wary for the future , and be more cautious then to trust the most promising and insinuating princes with our liberties , and priviledges , which can be no longer expected to be preserved by them , then they may serve as footstools to advance them in the throne of absolute majesty , but no more of this king ; never were there more hard strivings and wrestlings between tyranny and liberty , with such bad success to the people ; i onely conclude his raign with the exhortation of the psalmist , psal. . . o put not your confidence in princes , surely men of high degree are a lye . king henry is by this time layd in his grave , and one would think magna charta buried with him ; his son edward , who was his right-hand in his wars against the barons , and the principal agent in their ruine , succeeds him in the throne ; and instead of lessening goes on and makes an higher improvement of that royalty which his father left him ; having in his own person got the victory over the peoples libertyes in his fathers time , and having wonne or worne out the greatest of those which opposed , and being long experienced in the world , so secured and advanced the prerogative , that as one sayth , he seemed to be the first conqueror after the conqueror that got the domination of this state in so absolute and eminent a manner , as by his government appears ; he layd unsupportable taxes both on the clergy and laity , even unto fiveteens and halfs of their estates ▪ as for tenths , that was comparatively accounted easy ; the barons and people for a long time durst not move for removal of greivances , untill that the king ( being always in wars in france , flanders , wales and scotland , and so needed continually vast sums of mony ) called a parliament wherein he demanded a great treasure of mony from the people , that he might give them somewhat in lieu of their expences , confirmed the two great charters on the petition of the barons and people , ( and so stopped their mouths ) and this he did as often as he had extraordinary occasions for mony ; but ( like all other royall promises ) they were performed by leasure . never was royalty more majestick and glorious then in this kings raign , and the people less able to oppose ; he was always so watchful and eager to enlarge his own power ; i shall end his raign also with what daniel that impartiall and witty historian saith of him , he was more for the greatness of the kingdom then the quiet of it ; and never king before or since ( except our last charls ) shed so much christian bloud within this isle of britain , and was the cause of more in that following , and not one grain of benefit procured unto the people by all their expences on him , which was but to make themselves more perfect slayes . the next king was edward the second his son , who though more vicious then the father , yet not more tyrannicall ; he gave more advantage to the people thorough his lewd life and unmartiall nature , to seek the confirmation and establishment of magna charta , and other good laws which were utterly supprest , and darkened in his fathers reign . this prince gave himself over to all wicked courses , and surrendred his judgement , and the management of all affairs of state unto evill and corrupt counsellors ; especially to one peirce gaveston , who had both his ear and heart , unto whom he was so much endeared , that he ventured the loss of kingdom , and all the hearts of his subjects for his company , and preservation ; and though the barons had by often petitions , and earnest sollicitations prevailed with the king to banish him , yet he soon after sent for him home , and laid him more nigh his bosom then before ; on this the barons raise an army against the king ; and send him word , that unless he would observe the late articles ( which they had formerly by much ▪ ado got him to sign in parliament ) and put from him pierce gaveston , they would rise in arms against him as a perjured prince ; the king ( whom they found , was apt to be terrified ) yeilds again to his banishment , with this clause , that if he were found again within the kingdom he should be condemned to death as an enemy of the state : all places were now dangerous to gaveston ; both ireland ( where he formerly was protected ) & france also too hot for him ; in this extremity , finding no security anywhere else , he again adventures on england , and puts himself once again into the kings bosom ( a sanctuary which he thought would not be polluted with blood ) and there he is received with as great joy as ever man could be ; the lords with more violence prosecute their suite to the king for delivering up ▪ or removing him once more ; but to no purpose ; they therefore set forwards with an army , say siege to the castle wherein gaveston was , took him , and notwithstanding the kings earnest sollicitation for his life , they condemned him to the block , and took off his head ; this obstacle being removed out of the way , the lords having now the better end of the staff make advantages of it for demanding the confirmation , and execution of all those articles formerly granted , threatning the king , that if he would not consent to it , they would force him by a strong hand ; with this message they had their swords also drawn , and march towards london : a parliament is called , where the king , after a submission by the lords to him , for that act done against gaveston , contrary to his consent , and will , grants the articles and pardon to them . but the king goes on his old way , adheres to wicked counsel ( waving the grave advice of his parliament ) and is ruled by the two spencers , who acted with mighty strain of injustice , which caused the lords again to take up arms , and stand for their liberties , but are , through the revolt of some , and the treachery of others overthrown at burton upon trent , and two and twenty noblemen , the greatest peers in the realm executed in several places for nothing but opposing his evil counsellors ▪ this was the first blood of nobility that ever was shed in this manner in england since william the first , which being so much , opened veines for more to follow ; and now the beam of power being turned , regality weighs down all . but by degrees , through the continuation of his ill government , whereby he daily lost the peoples hearts , the lords get an army , and take the king prisoner , and by generall consent in parliament deposed him as a tyrant , and elected his son edward the third to succeed , and his son was crowned before his eyes . thus ended his raign , but not his life . poor england which had laboured so long and successively under so many tyrants , and had contested so long with royalty for their dearly purchased liberties , might now hopefully expect at least a dawning of reformation , especially when they had got so much power as to depose authority ; and began , as it were , on a new account ; and the truth is , affairs were now promising , and distempers seemed to wear away with the former governor ; yet the condition of the kingdom , had but a new face on it , and grievances were rather not aggravated or multiplied then any whit removed , and oppressions may be rather said to be changed from one shoulder to another then abolished . prince edward who succeeded , who was crowned in his fathers life , had observance enough to remember his fate , and was much warned by it , both to prevent and suppress insurrections , knowing by experience the full state of the controversie , and therefore began his government very fairely , and with much applause ; onely to prevent factions , and sidings , he privately caused his father , the deposed king to be cruelly murdered , and so sate more securely , though with more guilt upon the throne ; his raign was fifty years , & odd months , the longest next hen. the third ; he spent most of his time in the wars of france to regain his titile to that crown , which the poor subject felt in their estate and families , and it was a happiness ( say some ) that he was so much abroad ; for when ever he came home , as he wanted money to supply his expences , so the people got ground to urge their priviledges , & magna charta was at least twelve times ratified in this kings raign , and so often broken ; yet because he goes under the name of the best prince that raigned so long , and so well , let the reader take but an instance or two concerning his engagements to perform the grand charter . this king in the first parliament made the fifteenth year of his raign , had granted the enacting of divers wholsom and seasonable laws , which he willed and ingaged unto for him and his heirs , that they should be firmly kept , and remain inviolable for ever , for the ratification of magna charta , and other good laws formerly enacted ; and that all the officers of state , as chancellor , treasurer , barons of the exchequer , judges , &c. should at that present in parliament , and for ever after , take a solemn oath before their admission to their offices , to keep and maintain the point of the great charter , and the charter of the forrest , &c. but no sooner was the parliament dissolved , but the very same year he publikely revoked these statutes , pretending that they were contrary to the laws and customs of the realm , and to his prerogative and rights royal , &c. wherefore we are willing ( saith he ) providently to revoke these things we have so improvidently done ; because ( saith he ) marke the dissimulation of princes even in parliaments ) we never really consented to the making of such statutes , but as then it behoved vs , we dissembled in the premises , by protestations of revocation , if indeed they should proceed to secure the dangers , which by denying the same we feared to come , with many more such passages ; and yet this king is the phoenix of our more antient monarchs ; but the reader may still learn what the best of our princes have been , and what weak assurances any ingagements from them are where power is wanting from them , and advantages present to them . another instance of his actings we may take up from the successe of his first siege of tourney in france ; having laid on heavy and excessive taxes to maintain that war , and the people seeing no fruits of all promises for executing the articles of magna charta , they refuse to pay any more , without more faithfull performance of his vows , and solemn engagements to them , whereby he wanting mony was fain to quit the place , and return for england , full of revengefull thoughts , and in much fury breaths out destruction to all the refusers ; but the arch-bishop of canterbury told him publikely , but plainly , that he had oftentimes as well as his father offered manifest violences to the liberties of the english nation , comprehended in that grand charter , and if he expected subsidies , from the people , he must more carefully maintain their priviledges so justly due . but the king vexed with such language , both storms against the arch-bishop , and as much as possibly he then could , sought the ruine of all that had made any refusall of payment of these taxes , although he had not in any manner performed his own promises . yet i will end his raign , because he hath a name of a good king . ( though as speed saith , by the generall vote of historians , he committed many foul errors in his government ) with a good act he did at the fiftieth yeer of his age ( which he kept as his jubilee ) he called a parliament , and there freely heard the grievances of the people , and redressed many , especially a petition of the commons against the doublings of lawyers ; he caused the pleas which were before in french to be made in english ; a necessary law ( saith speed ) if it had been as carefully observed ; especially if he had ordered ( saith he ) that the same should not have been written in french , that the subject might understand the law , by which he holds what he hath , and is to know what he doth . but all this is not for nothing ; for as he imparted grace unto his people ( saith the same auther ) for so all acts of justice are termed , wh●n granted by kings , so he took a care to replenish his own purse by it , that the poor commons obtain not any thing which they pay not too dearly for . here ends the life of the best reputed prince ; and yet you see wherein his excellency lay ; the best happiness the people had in his raign , was ▪ that they had more engagements for their liberties with more cost , and the remembrances and sense of the goodness of them more fresh and sweet by the often repetition of them ; but for execution or addition to them , they were as far to seek as in former times . and if it do possibly happen that in one kings raign either through the goodness of his nature , or rather want of advantages , there be an intermission of oppressions , ( for that is the utmost to be expected ) yet the next king will be sure to make it up , and if they give the people a little breath , it s but that they may sow for the next to reap , or as they do with men on the rack , let them down , and give them cordials , and spiritfull liquors , that they may be the longer and more sensibly tormented ; which was made good in the next kings raign , viz. richard the second , who presently dashes and utterly nips these blossoms that sprung out in the former kings raign , devoting himself to all uncivill and lewd courses , and to enable him the better unto it , layes on sad and miserable taxes on the people without so much as a mention or hint of their liberties , and as the parallel of edward the second , both lived and died ; it s enough to decypher his raign by his end ; for he was deposed by the universal consent of the people in parliament as a tyrannical , and cruel governor , and not a good word spoken of him to commend him in his government , and its pitty to aggravate his misery after his death , and yet ( as we say ) seldom comes a better ; when one is cut off , another like the hidra's head springs up in his place . henry the fourth who overthrew him in battel , and was made king in his stead ( though by a wrong title ) at first promised the new modelling of laws to the peoples ease , and did , as in a complement ( rather to secure his title , then out of affection to the people , or sense of his relation ) redress many grievances , which were more gross and less concerning the common-wealth ; and as he did strive by these common acts to engage the people to him , so ( as one that had continuall sence of guilt on him ) he got the deposed king to be barbarously murthered in the castle of pomfret , that no competition might endanger his title by his life ; he spent most of his raign incontinuall wars about his title , and was often opposed as both a tyrant and usurper ; but he still got ground on both the liberties and laws formerly granted ; yet not so sensibly as in the former kings raigns , that the people may be said to have a little respite from the violence & heighth of prerogative by him ; but they may thank the unjustness , and brittleness of his title , for that he being more in fear of of loosing it , then out of love with the excess of his ancestors . i shall only add one story to conclude this kings raign , which is universally reported by most of our historians , worth observation , because it hath much of ingenuity in it , and because they were his dying words ; being cast into an apoplexie , and nigh his end , he caused his crown to be placed by him on his pillow , least in the extremity of his sickness it might have been delivered to some other , who had better right thereunto then he had ; but when his attendants , ( through the violence of his distemper , supposed him to be dead , the young prince of wales seised on his crown , whereat the king started up raising himself on his arms , demanded who it was that had so boldly taken away the crown ? the prince answered that it was he ; the king fell back into his bed , and fetching a deep sigh , and sending forth many a pensive groan , replyes thus ; my son , what right i had to this crown ; and how i have enjoyed it , god knows , and the world hath seen ; but the prince , ( ambitious enough of a diadem ) answered him thus ; comfort your self in god ( good father ) ; the crown you have ; and if you die , i will have jt and keep it with my sword as you have done ; and so he did soon after , maintaining his fathers injustice by his own . and now comes up his son henry the fifth as the next heir , who though while a prince was given to many wicked practises , yet when a king , became moderate , and hath better commendation then most of his ancestors ; the people had two advantages and comforts by him ; first , that his reign was short , and that he was much imployed in the war with france for regaining a title to that crown , which he accomplished , and so they were free of civil wars ; though they had still heavie taxes , yet they thought it better to pay for maintaining war abroad then at home ; and truly , the people thought themselves very happy in this kings reign , ( though their priviledges were laid asleep ) that they had a little breathing time from domestick and civil wars , and had hopes to regain by degrees a reviving of their spirits . but the next king , henry the sixth , makes up what was wanting of tyranny and oppression in his fathers raign . he was crowned king about the eighth or ninth moneth of his age , and so had not present oppertunity to shew his royalty . until he came to age , the kingdom was well governed by his three uncles , humphrey , duke of glocester , john duke of bedford , thomas duke of excester , who by their wisdom and justice , kept up the flourishing estate of the english nation ; but when his years of nonage were expired , and he came to weld the scepter with his own hands , ( what as some favorably think out of weakness , for he was no solomon ) all things went presently out of order , and prerogative breaks forth beyond bounds ; which gave occasion to edward duke of york to try conclusions for his title against the house of lancaster , and making use of the discontents of the people through his evil government , opposed him , and afterwards deposed him , and raigned in his stead by the name of edward the fourth , and so by conquest he got the title to run through the house of york , having cut it off by his sword from the house of lancaster ; notwithstanding actuall possession of three descents , many overtures of war were yet between them ; for henry was not yet dead , though for the present outed ; but as a dying man strove for life , but being quite overthrown was imprisoned , and afterwards murthered to secure the title ; there was in these two kings raign but meerly for a title fought ten bloudy battles , besides all lesser skirmishes , wherein many thousands of lords , gentlemen , and commons were slain , and yet not one jot of advantage gotten by it for the peoples liberties ; it being the misery and folly of the people to venture all they have , to set up those over them who afterwards prove most tyranni call , and to sow seeds of future misery , by spilling their bloods for a usurped title . in this kings reign , as in the former , the whole land was miserably rent by unnaturall divisions against his title , and government ; and though neither or these two had a just title ( if we will begin from the root ) yet all the bloud of the nation is thought too little to be spilt to maintain their pretences ; yet we may not reckon this king among the worst , had it not faln out that his title must be kept up with expence of so much blood and ruin of the english nation ; yet in his last five yeers , he laid on such extraordinary taxes , and changed the form of laws , that he lost the love of all his subjects . for edward the fifth his son , who succeeded him in title , we need but mention him , for he had but the name of a king ( being an infant ) and his reign may wel be called an inter-regnum , for ere he came to know what government was , he was cruelly murthered with his infant brother , by his uncle rich. duke of glocester , who reigned both for him , and afterwards for himself by the name of richard the third , a bloody and cruel man , rather a monster then a prince , his name stincks in the english dialect ; the shortness of his reign was the happiness of the people ; for after three yeers usurpation , he was slain in the field by the earl of richmond , who by his valour , more then his title got the crown by the name of henry the seventh ; this was the best act that was done by him , in easing the kingdom of such a viper . in his reign ( who is the first root of our kings since ) the people had more hopes then benefits , and were rejoyced and made happy more by expectations , then enjoyments of any reall priviledge , or liberty . for though he took all the ways to secure his title by his marriage with the lady elizabeth daughter to edward the fourth , yet many stratagems were laid to disturbe his peace , which put him on acts of policy , and diligence , ( which he excellently demonstrated ) to free and extricate himself out of dangers and designs ; many sad divisions were stil in the kingdom , all men were not pleased either with his title or government , and that they might but disturbe him , or hazard his crown , they made stage kings , drest up pretty lads in princely robes , and carried them up and down the kingdom as puppets for the people to gaze one , and admire ; all this while king henry had not time to advance his prerogative , while he was but securing his title ; but after he had done that , and now began to look on himself as free from either forraign or home competitors , and the coast of state seeming cleer from all thickning weather , he thinks of redeeming what he had lost by factions , and imployes his wit for bringing down the height of the english nation , and plucking down their courage , and was especially ( saith one ) jealous over his nobility , as remembring how himself was set up ; and how much more did this humor encrease in him after he had conflicted with such idols and counterfeits as lambert simnel & perkin warbeck ? the strangeness of which dangers made him think nothing safe ; and thinking that the riches of the english occasioned their rebellions , he took a course to empty their coffers into his ; and the plot whereby he meant to effect it was by taking the advantage of the breach of penal laws , which he both found , and made for that purpose ; his instruments which for this work were pickt , and qualified sufficiently , were sir richard empson , and edmund dudley , men learned in the law , and of desperate and subtle heads , and forward in executing the kings commands ; these two attended by troops of base informers , promoters , catchpoles , cheaters , knights of the post &c. went up and down the kingdom , cruelly polled and taxed all sorts of people , and prosecute in every shire the most deserving and generous men , that the kingdom in a little time was more beggard , then by most of the former civil wars ; and all this done by the kings speciall command , and countenance , that we may see what was the reason he began not sooner to play rex ; want of opportunity , and fear of loosing his crown while he was advancing it ; but the latter end of his raign was too soon , and too long for such actings . this king ends his raign with the greatest acts of tyranny ; he made himself a rich king by beggaring his subjects ; after he had freed his own person out of danger ▪ he imploys all his wits to enslave the english ; the fruits both of his title and tyranny we have felt ever sence in these that followed him . his son henry the eighth of that name , succeeds him ; in his first beginnings he seemed to be tenderly affected to the common-wealth , and redressed many grievances , especially those which were laid on by his father , and executed by empson and dudley , doing justice on them for their cruelty and oppression . but those affections were too good , and too violent to last long ; the sound of drums and trumpets soon quasht them , and many encroachments grew on the peoples liberties ; many tempestuous storms and controversies there were in this kings raign ; but they were more ecclesiastical then civil , and so more dangerous and strong . in a word , he was accounted a better souldier then a governor , and more fit for a general then a king to govern by just and equal laws ; the best act he did , was the discovery of the wickedness of the clergy , and casting off the popes supremacy , which yet he took to himself , and annexed it to his own crown ; as the most of his raign was ful of controversies and tempests , so all affairs were managed in a ranting and turbulent maner , not with that gravity & soberness as becomes civil and prudentiall transactions ; he was very lascivious , and delighted much in variety , and changes of laws , as wives ; he oftentimes much pleased himself to be in the company , and was over-familiar with swaggering and loose fellows ; and the people ever and anon found the power of his prerogative at home , as his enemies did of his sword abroad . edward the sixth his onely son succeeds him , a prince that was too good to live long , the phoenix of english kings , had he had time to prosecute his intentions and mature his genius ; but the sun in him did shine too bright in the morning ; god gave england onely the representation of a good king , but would not in judgement let us be blest long with him ; religion began to revive , liberty to bud forth , the people to peep out of their graves of slavery and bondage , and to have their blood fresh and blushing in their cheeks ; but all is presently blasted by his death , and the people ( who have seldom more then hopes for their comforts ) are now fainting for fear ; england is benighted ; and hung with black ; queen mary that alecto , and fury of women succeeds ; and now both souls and bodies of the people are enslaved , and nothing but bone fires made of the flesh and bones of the best christians : but it s too much to name her in the english tongue ; queen elizabeth succeedes her , who being prepared for the crown by suffering , came in a most seasonable time , both for her self and the people , who were made fuel for the flames of her sisters devotion . and now england begins to flourish again , and to recover its strength ; many inlargements were granted , both to the consciences , and estates of the people ; yet if we speak impartially , we were kept further off rome , then royalty ; yet doubtless she may be chronicled for the best princess , and her raign the most even , and best mannaged , with more fruits to the people then any of the former kings , especially if we consider how long she governed this nation ; i end her raign with this character , that she was the best queen that ever england had , and the glory of her sexe to all ages . the english line is now ended ; we must go into scotland to seek for a king , because a daughter of henry the seventh was married to james the fourth , king of scotland ; but i will not question his title . king james the sixth of scotland , and first of england , succeeded on the english throne ; a prince that had many advantages to set up prerogative , which he improved ; he was too timorous to act , but most subtile in councel and designs , and no king did more insensibly and closely undermine the liberties of england then himself ; he gave us cause to remember from whence he came ; but his peaceable raign was the rail to his design , and did choak suspition ; we were brought by him very nigh rome and spain , and yet knew it not ; he had an inveterate hatred against puritans , as he had a fear of papists , and made more of bishops then ordinary by remembrance of the scots presbytery ; he had as much of royalty in his eye as any prince could have , but had not so much courage to prosecute it ; the puritan alwayes lay in his spleen , the papist on his lungs , that he durst not , that he could not breath so clearely and strongly against them ; but the bishops lay in his heart . i will not rip up his personal failings after his death ; he was the most profane king for oaths and blasphemies that england had besides , &c. he now grows old ▪ and was judged only fit to lay the plot , but not to execute it ; the design being now ripe , and his person and life the only obstacle and remora to the next instrument , he is conveyed away suddenly into another world , as his son henry was , because thought unsuteable to the plot , it being too long to waite , untill nature and distemper had done the deed . we are now come to our last charls ( who is like to end both that race and its tyranny ) the perfect idea of all the rest , and the most zealous prosecutor of the designs of all his ancestors , who , if divine providence had not miraculously prevented , had accomplished the utmost of their intentions , and for ever darkned the glory of the english sun ; so much i must say of him , that he got more wisedom by action , then could possibly be expected by his nature ; experience that teacheth fools , made him wise ; he endeavoured to act what others designed ; he dissembled as long as he could , and used all parties to the utmost ; but his zeal and hardiness brought him to his death . he needed no physick for his body , had he remembred his soul . but what need i mention him ? he is the last of english monarchs , and the most absolute monument of monarchy , and example of tyranny and injustice that ever was known in england ; he would have been what other kings are , and endeavoured to attain what others would be ; he lived an enemy to the common-wealth , and died a martyr to prerogative . thus you have seen a faithfull representation of the norman race , under which we have groaned for about six hundred years ; the first title made onely by the invasion and conquest of a stranger and bastard , continued by usurpation and tyranny , that take away but two or three persons out of the list ( and yet these bad enough if we consider all things ) and all this while england neither had a right heir , or good king to govern it ; and yet by delusion and deceit we must be bound to maintain that title as sacred and divine , which in the beginning was extorted and usurping ▪ as if gray hairs could adde reverence to injustice . england hath now an advantage more then all its ancestors , of freeing it self from this successive slavery , and interrupting that bloody line , and after an apprentiship to bondage for so many hundred yeers , providence hath given us our own choice ; if we take it we are made ; if not , the old judgement of god lies on us for our stupidity , and blindness . for my part , as i do not give much to that monkish prophecy from henry the seventh times ; mars , puer , alecto , virgo , vulpes , leo , nullus ( yet i wonder how the devil could foresee so far off , and must needs say that it hath yet been literally fulfilled ▪ both in the characters of the persons , and the issue ) yet i must so far give way to the power of divine actings on my faith , as to think that either we shall never have a king more , or else we shall have one sent of god in wrath , as the israelites had , seeing we are not contented that way which god hath from heaven led us to . as for the title of this prince ( who would fain be accounted the right heir ) let us but remember from whence he had it , and how it s now tainted ; were it never so just , the treason of the father hath cut off the son ; and how unwise an act , besides all other considerations , will it be for england to set up the son to propagate both his fathers design , and death . we may prophecy soon what a governor he is like to be which hath both suck't in his fathers principles , and his mothers milk ; who hath been bred up under the wings of popery and episcopacy , and doubtless suckt both brests ; one who was engaged from the beginning in the last war against this parliament , who hath the same counsellors his father had , to remember him both of the design , and the best wayes of effecting it ; one who hath never yet given any testimony of hopefullness to this nation ; who was in armes when a subject , against the libertyes which england and scotland spilt much blood for to maintain ; one who hath both his fathers and his own scores to cleer , and is fain to make use of all medium's , though never so contrary , attended with all the crew of malignants of three nations ; who is so relatively and personally engaged , that both old and new reckonings are expected to be payd only by him . to his father he is endebted for his crown , and bound to pay his debts , both ecclesiastical and civil ( which will amount to no small summe ) ; to the papists he is engaged for their old affections , and hopes of new , besides the obligation of duty to his mother , and freeing her from her monastry and hermitage . to the prince of orange he owes more then his ransom , besides the states courtesies ; to ireland he is in more arrears then his kingdom of scotland will be able to pay , and to scotland for his entertainment and enstalment more then england ( for present or in many years ) can repay without a morgage , or community of lands , and liberties , besides what he owes england for helping his father to make the parliament spend so many millions of treasure , besides blood ( which would have weighed down all expences besides ) and helping as a prime agent the utter destruction of england ; all which must be reckoned for with much seriousness ; and if men have so much charity and generousness to forgive all , yet we have a reckoning with heaven to be discharged , which debt is yet unpaid ( without we think the fathers blood be sufficient satisfaction to divine justice ) ; and if that death should be a satisfaction for himself , yet not for his son , who joyned with him , & now continues the same fault , and guilt , and intends to follow on with more violence and intention then ever . can we think ( & retain our memories and reasons ) that charls the second can forget charls the first ? that custom and education can easily be altered ? that the true and reall engagers with him and his father , shall be razed out of his heart , or that he can heartily love his opposers , but as he may make use them : or that when some banks and rocks are out of the way , the waters and floods of royalty will not run in its wonted channel ? will episcopacy dye in england , when kingship is set up ? can reason think or dream , that majesty will not eat out sincerity ? or that presbytery can flourish in that state where prerogative is the ascendant ? or is that person fit to be the medium of peace , and the glory of this nation , who was the conjunct instrument of the war , & the survivor both of the war and peace ? a person that durst not stay in his own nation to plead his right , because of his guilt , whose youth and wilfulness is most unapt for the setling the storms and tempests of a distracted nation . but no more untill we feel the misery of such an attempt ; it was said of tiberius caesar in a satyricall expression , yet it proved true , regnabit sanguine multo ad regnum quisquis venit ab exilio , who first exil'd is after crown'd , his reign with blood will much abound . when this poor nation ( after all neglects of providences ) hath spent its blood and treasure to set up this prince in the throne , ( which it may be they shall never effect ) yet at the last they must stand to his courtesy for all their liberties , which they can never expect , and make him a monarch . the patience and long suffering of god hath permitted usurpation and tyranny in england this long time for the hardness of our hearts , and sottishness of our natures , and it may be , may lengthen it out to the utmost , which will be a misery with a witness , and yet a just punishment of god on those who were born free , but will sell away their inheritances for nothing to a stranger . did ever king since the world began ( seting aside some who were priests and prophets also ) naturally , and ingenuously , with a royall affection devote himself to the propagating of the pure and reall liberties of the people ? let him be shown forth as a miracle ; but that ever any one that hath been all his dayes , both in the fathers time , and his own engaged in wars against the liberties of the people , ( solemnly proclaimed in parliament ) and to set up prerogative , either intended or managed his raign that way ( how ever he was brought into his government ) i durst affirm to be a paradox , and the utmost contradiction ; i am sure it s as impossible to be fouud in england as the philosophers stone among the peripatecicks . but a word more to the title , between the now present power , and this charls ; what reason is there , and equity , that the parliament of england ( take them in what qualification you will ( following to the utmost the first principles for the liberty of the people ) should not be esteemed as just heirs , and their parliamentary successors as this young confident ? shal william the norman , ( only having a better sword ) a stranger , one who by nature was never born heir of any thing , create himself a title to enland , and a succession for many score of years , meerly on that account ? and shall every one after him break the line as they please , and take their opportunities to make themselves roots of kings , though springing in the wilderness ? shall henry the seventh ( the father of us all ) who was little less then a bastard , being the son of an illegitimate son of john a gaunt , a forraigner , and private man , by fortune and power give himself a title to this crown , and all our kings since acknowledging right by that root ? must those pretences be sacred which have only the ordination of a more keen and glittering sword ? and a confirmation by custome be thus divine ? and shall not the parliament of england ( cloathed with the authority of all the people , and carrying all the libertyes of england with them ) backt with the power of a faythfull army , be thought ( in the utmost criticisme of reason ) to have as much title to propagate their successe for our freedoms , as they have had to convey both their usurpation and tyranny ? that a private claym by a better sword should be jure divino ; and a publique title both by reason , success , and providence of a solemn assembly , who have been many years opposing the former oppressions , and now have gained it , should not be accounted valid , nor of equall right with a successive illegall claim ? let all the world be judge ( who consider the premises ) and let the violentest reason unroyalis'd speak its utmost . it is high time now to end that line that was never either well begun , or directly continued ; charls the father is gone to his own place , and so is charls the son likewise , he being in his own proper nation , scotland ; let us keep him there if we be wise , and intend to be happy , and let england disdain to be under the domination any more of any forraign power for the future ; and seeing we have conquered the conqueror , and got the possession of the true english title , by justice , and gallantry ; let us not lose it again , by any pretence of a particular , and debauched person . finis . notes, typically marginal, from the original text notes for div a e- dan. hist. p. . speed . speed . william rufus . dan. life of henry the first . dun. pryn. mat. paris p. dan. hist. p. . mat. paris , p. , . master prin , the parliaments interest in the militia , second part , p. . . sir francis bacon . martin . suet. lib : . c. . the qvestion concerning the divine right of episcopacie truly stated parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) the qvestion concerning the divine right of episcopacie truly stated parker, henry, - . [ ], p. printed for robert bostock, london : . "the epistle dedicatory" signed: h. p. attributed to henry parker. cf. blc. reproduction of original in thomason collection, british library. eng episcopacy -- early works to . great britain -- religion -- th century. a r (wing p ). civilwar no the question concerning the divine right of episcopacie truly stated. parker, henry c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the qvestion concerning the divine right of episcopacie truly stated . london , printed for robert bostock , . to the most reverend and gracious father in god , my lord primate of ireland . my lord , in a discourse lately written concerning puritans , i had occasion offred me to declare my opinion against the divine right of episcopacie . those reasons which i then urged , seemed weak to your grace , as i have heard , which was a great discouragement to me : but i thought it not fit to desert so well a seeming cause , and to resigne my judgement presently upon a meere discouragement . i have since summoned up some more deep and retired thoughts , that i might gain a more just cause to retract my error , or to cleere the truth , and persist in my assurance . the question of episcopacie , i think , i have now rightly stated , and if i am not deceived , i have let in such light upon it , that judicious men will now more easily ransack the profundity of it . certainly the matter of it self is of great difficulty , and of great moment in these times , and it was not any confidence in my own wit that first ingaged me in it , but the knowledge of my candor , and freedome from private respects . no man living , i conceive , can be more dispassionate , or more disinteressed in this case then i am , the heat of my own mind could never yet thrust me into any faction , or make me turbulent in the world , neither has any impression from without either by hope of gain , or fear of dammage stirr'd up sleeping passion in me . of my selfe i rather wish well then ill to episcopacie , because it is so antient a government ; and for my own interest i have found more friendship then enmity from bishops , so that i am certain , there is nothing but the simple love of truth , as it is truth , is the bias of my actions at this time . as for the presbyteriall discipline also , i have so laid open my opinion concerning that , that if i have erred therein , i am sure the world can charge me of nothing else but error . had all men which have formerly treated of this subject , been as unswayde by private interests as i am , this controversie had not bin so long protracted as it is ; but your grace knowes well , that scarce any but bishops have maintained bishops hitherto ; nor scarce any opposed them , but such as have found some opposition from them ; my lord , i now begge your gracious favour to lay aside your palle , and to put on the same impartiall man in perusing these papers , as i now am whilst my pen is upon them : for i know there is none has a more cleere spirit , and lesse liable to the grosse dampe of worldly respects then your self . let this my humble addresse be a testimony at this time that i am not a prejudging , factious enemy to all bishops , and let your gracious acceptance of the same be as strong a crisis that your grace is not a prejudging factious enemie to all which maintaine not bishops . your graces in all observance most humbly devoted , h. p. the question concerning the divine right of episcopacie truly stated . the question about episcopacie hath never yet been truly stated , nor the chief points of it methodically distributed , and this is the cause that it is now become so intricate and involved to the great disturbance of the world ; for satisfaction therefore herein , the first thing to be questioned is the quid esse of episcopacy , and what is separable from the order of it , as it is now constituted in england . according to bishop bilson , there are foure things necessary in religion . . dispensing of the word . . administring of the sacraments . . imposing of hands in ordination . . guiding of the keyes . the first two of these being the ordinary means of salvation , he attributes generally to all ministers : the other two respect the clensing and governing of the church , and are committed ( as he saith ) to bishops onely , and not ; to all presbyters equally , least by a parity of rule confusion follow , and ruine upon confusion . it seems then , that the end of religion is , that god be duly served , and the end of churchpolicie , that religion be wisely maintained . and for the wise maintenance of religion , it behooveth not only that some peculiar chosen men be separated & dedicated to officiate before god , and to direct and assist others in the offices of devotion , but also that all anarchy and confusion be avoided amongst those that are so chosen into the priesthood . thus farre there needs no dispute : the main branches then of this controversie are three . . who are designed by god to be governours over the priesthood for avoiding of confusion . . what proportion of honour , revenue , power in ecclesiasticall and in temporall affairs is due to those governours . . what are the proper , distinct offices of that government to be executed & undergone . as to the first main branch , the first question is , who is supreme head of the church under christ : whether the prince as bishop gardiner first held under h. . or the bishop of rome , as sir thomas more held , or the aristocracy of bishops , as dr. downing holds , or the democracie of presbyters and lay-elders , as calvin taught ; if scripture be expresse in any precept to this purpose , or any canon extending to all places and times , we must look no farther : but if no such expresse rule be , nor no necessity of any such , nor divines were ever yet agreed upon any such , it seems that under the king , that junto of divines , statesmen , and lawyers in parliament , which hath a legislative power over the state , hath the same over the church . and if the king have not the same supreme power in spirituall as in temporall things , it is either for want of sanctity in his person , or for want of capacity in his judgement : but that the prince is more then temporall , and of sanctity competent for supremacie of rule in the church is sufficiently evinced by bilson , hooker , &c. against calvin , and the papists , and presbyterians both ; and that defect of judgement is no bar in the church more then in the state , is apparent ; for if the king be unlearned , yea , an infant , lunatick , &c. yet by his counsels and courts of law , warre and policie , he may govern the common-wealth well enough ; and it little skilleth whether he be lawyer , souldier , or polititian : and there is the same reason in the church . and if we admit the king to be supreme head of the church , i think no man will deny but that the fittest policie for him to govern the church by , will be the same pattern by which he governeth the state , making as little difference between them as may be ; for it is the same body of men now , of which both state and church are compacted , and so it was not in the apostles times ; and the same body hath the same head now , as it had not in the beginning : for tiberius was then the head of the christians , but the enemy of christian religion . so the main {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} remaining is , whether the king having power to chuse subordinate officers and counsellors in the church , may or ought to chuse such as are meerly spirituall or meerly temporall , or a mixture of both . the papists hold no governours over the clergy competent , neither supreme , nor subordinate , but such as are meerly spirituall : the protestants every where almost but in england , incline to a mixt government in the church , though they exclude the king quatenus king : in the mean while , we in england admit of the king for our supreme governour , but doubt of any subordinate mixt government . 't is not my taske at this present to dispute the conveniency of a mixt government , and an association of spirituall and lay rulers : but i think the presbyterians have sufficiently asserted it though to another purpose . and it seems to me , that the apostolicall form of government , as to the supremacy of it , is not now in force , because there is not the same reason , that head being then wanting in the church which is since supplied ; but as to any constitution in the subordinate wheels of government , if the laity had then any motion or influence therein , i think the same reason still remaines , and the same form ought still to be in force . in the second branch : be the subordinate governours of the church mixt or simple , either according to the popish or presbyterian discipline : the question is , whether or no , such ecclesiasticall governours ought to be vested , and dignified with temporall honours above the judges of the land , and equall with the peeres of the realme , and whether or no they ought to enjoy temporall revenues proportionable to that honour , and power in secular affairs correspondent to those revenues ; and if so , whether by divine or humane constitution . also if these differences were added ( as bishop bilson acknowledgeth ) rather for the honour of the calling , then for any necessity of gods law , it is next to be questioned , whether or no a parliament hath not now power and cause to reduce these additions of episcopacy into more modest limits , for it seems that from adam till christ , no such grandour and splendor was in church-men , nor from christ to constantine , and from constantine to the reformation , we know how they were abused to the mischief of the church , and decay of religion ; and in the reformation , we know all nations besides us did utterly remove them : and we know that the church in england is now much impoverished by many impropriations and commendams , &c. now deteined by bishops and cathedrals , besides that which it suffers by lay-men ; and it seems strange that the pastors of the flock should be starved , that prelates should abound , and swim in too great excesse : and that the meer livelyhood of holy preachers should be held lesse necessary then the proud pomp of unusefull ( nay as some think ) mischievous dominators . as to the third branch : if the end of episcopacy ( as bishop bilson holds ) be to prevent the confusion of parity in the church , we are first to question , whether ordination by imposition of hands , and guiding of the keyes be necessary to episcopacy , and so necessary , as that confusion cannot be prevented without them : all wise men will allow some authority requisite , whereby ministers may be duly elected , and their true qualifications of learning and integrity tried , and that being rightly elected , they may be further consecrated by prayer and the solemnity of hands , and being consecrated , that they may be further instituted , and designed to some particular charge . the presbyterians do not dislike such authority , nor are negligent in the same : the question is therefore onely , to whom this authority may be committed , whether to bishops onely , or to some such judicatory as the presbyterians use , or some other of humane institution . as for example , if the vniversities , or some select committee therein , be intrusted to try the sufficiency of scholars , and to give orders , and upon the vacancy of a rectory to present three , &c. to the king , and the king out of those three to present two , &c. to the parish , and the parish out of two to chuse one for their pastour , the question onely is , whether such election , ordination , presentation , and induction , be not as legall , and religious , as if it were by bishops , and be not far more politike in preventing simony , and in better satisfying the right of the flock , whose soules are mainly concerned , and whose tithes are to that purpose contributed . and now it seemes s. ierome allowes no further use of bishops to have been of old : for he sayes plainly , that a bishop differs from a presbyter in no act exceptâ ordinatione : and as for the power of the keyes , that has been alwaies held common to the whole clergie : but we wil not stand upon this , we will freely grant an authority necessary as well to superintend over ministers in their charges , as to place them therein , and when b. bilson appropriates to bishops the guiding of the keyes , we will understand not the meere power of them , but the government of that power : we will admit also under this terme of guiding the keyes to be comprehended . the power of making ecclesiasticall canons . . of giving judgement , and executing according thereto . . of issuing the sentence of excommunication . . of deciding controversies . and the question now is , whether the keyes may not be so guided by some other ecclesiasticall judges and magistrates besides bishops , if the king thinke fit to designe them , for first , the legislative power of the church was never yet only committed to bishops , the whole clergie , and the king were never yet excluded from synods , and councels , neither are the acts of synods and councels binding to any nation unlesse the secular states ratifie them . and i think , there is no question of the validity of such canons as are now made in those protestant countries , where bishops have no command , or being at all . and secondly , spirituall jurisdiction is not only appropriated to bishops , but to lay-men under bishops , canonists and civilians are held more able and knowing herein than bishops , and bishops are held lesse fit by reason of their more sacred imployments : so the question here will be only this , whether or no the jurisdiction of lawyers , and such like , as now execute justice in the spirituall courts under bishops will be as competent under the king without bishops as it is now under bishops immediately . some say , that chancellours &c. are not meere lay-men , no matter : for by the same reason any others to whom such ecclesiasticall jurisdiction shall be committed by the king shall be held sacred , and if they are not meere lay-men , yet they are not meere bishops ; if they are preferred to some equality with the clergie , yet they are not preferred above the clergie , and this preferment is no other , but such as may be bestowed upon any other lay-man , that is not otherwise insufficient . and even amongst presbyterians there is a forme of jurisdiction , and i think not held vaine , or unlawfull by any : and even in cases of heresie , blasphemie , &c. which are most spirituall , if none can so rightly judge what is heresie , blasphemy , &c. as spirituall governours , yet this proves not any necessity of bishops , for the fact may be tryed , & execution awarded by others , and nothing but an assistance of councell from spirituall men will be needfull . in the third place also , if excommunication be still held of necessity , and all other temporall authority defective without it , if it be concluded to be perpetuall , notwithstanding the decay of prophecy , and the supply of other christian jurisdiction , and if it be to be extended also to all persons in all cases as our christian court now extends it ( which seemes to me a strange , obscure , unproved thing ) yet the only question is , whether it may not continue in the church , and be still ordered and guided without episcopacy : for it seemes that the presbyterians , though they use not excommunication for such violent , rigorous purposes as the papists doe , yet they are more severe in it then ever the fathers were before the law or under the law : and yet notwithstanding , their authority of using it , is not excepted against by their enemies . and fo●rthly , if it be granted that bishops were first introduced for the preventing of schismes and factions in the church , as being held the fittest meanes for to procure the decision of controversies , and the determination of disputes in religion : yet the question is whether discord and division may not be prevented , and difficulties of dispute as conveniently resolved by some other as by episcopall authority : for it seemes there is great difference inter ecclesiam constitutam , and ecclesiam constituendam , and between a church whose supreme governor is ill affected to it , & a church whose prince is an indulgent father to it : so that episcopacy cannot be now of the same use , as it was at first in the infancy of the persecuted church . and it seemes that amongst all other protestants both calvinists and lutherans where bishops rule not , controversies are not so manifold , nor innovations in religion so easie to be induced , nor factions in the church so dangerously maintained , as they are in england under the sway of bishops . it seemes also in all great emergent occasions of division and dissention in points of doctrine , that if our two famous vniversities were consulted , and in case of disagreement there , if london , as our third oracle should arbitrate by a junto of all her divines , the decision would be farre more honorable and satisfying to all , than if any one bishop , or any province , or nation of bishops should attempt to give the like . and to conclude this point , the solemn use of synods , councels , and parliaments does not at all depend upon episcopacy , so that it seemes as to this purpose no necessity can be alledged for the government of bishops , as bishops are now qualified in england . these branches if they were thus orderly discussed by moderate , conscionable , & learned divines , many incomparable advantages in probabilitie would arise thereby : for first , the very foundations of popery would be laid open and naked , the very center of that tyrannous united empire which has subjugated the world so long under such base slavery , would be ript up , and all its infernall mysteries discovered to the sun . secondly , that unpolitike axiome , no bishop , no king , whereby bishops have alwayes imbarqued princes in their warres , would appeare to be sophisticate , and a meere color without all substance of reason . thirdly , many great fruits of peace and unity both ecclesiasticall and civill would redound to our whole nation . those many mischiefs which attend episcopacy , against which the complaints are so grievous and universall would be remedied . that new module of government which so many have so variously phansied , and proposed in these latter times would open it self , and offer it self to us of its own accord . the pattern of the state would be sufficient to present to us a fit & harmonious pattern for the church : and the body and head of both church and state would appeare to be the self same . the king should be the same in both , and councels and courts govern under him by the same commission in both . a power to ordain fit ministers , and to put a finall end to controversies and dissentions might be committed to the vniversities , and some gentle influence by votes affirmative or negative might be also allowed therein to the laytie . the power of making articles and orders for decency and peace in the church might remaine unalter'd in the kings clergie , and parliament : able civill and canon lawyers might still sit in their tribunals taking cognizance of such cases , as are truly ecclesiasticall , and have not been by usurpation of the hierarchy wrongfully wrested out of the temporall courts : and the spirituall sword of excommunication might still be gently weelded in the same hands as it has been , when it is necessary . an assistance of godly divines in all cases of conscience might be allotted to the k. and all his judges and magistrates upon occasion , without wholly drawing them from their charges , and this would be no lesse effectuall , then that of the greatest prelates . the inconveniences of the presbyterian discipline also which is not so adequate and conformable to monarchy would be rectified . and lastly , the bleeding church which had so great a part of her patrimony torn from her by hen. . by the addition of episcopall and cathedrall livings might be healed up , and restored to her antient grace and vigour . finis . the contra-replicant, his complaint to his maiestie parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) the contra-replicant, his complaint to his maiestie parker, henry, - . p. s.n., [london : ] caption-title. in answer to "the reply of the petitioners" by william chillingworth, which was published with "the petition of the most svbstantiall inhabitants of the citie of london ... to the lords and commons for peace" and "the answer to same." cf. bm and madan . reproduction of original in thomason collection, british library. eng chillingworth, william, - . -- reply of the london petitioners to the late answer to their petition for peace. great britain -- history -- civil war, - . a r (wing p ). civilwar no the contra-replicant, his complaint to his maiestie. parker, henry f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion the contra-replicant , his complaint to his maiestie . a petition for peace is presented to the parliament by some thousands of citizens ; the petition findes a peaceable answer ; and that answer ( as i shall now set forth ) is opposed by an unpeaceable reply , but that time may be the better husbanded , and indifferent readers the better satisfied , before i undertake the replication it selfe , i desire all men to be preadvertised of some few things . schollars have been very active in this unnaturall warre , both in raysing and fomenting it ; the tongue hath made some wounds as well as the hand ; and the sword had never been so keene , had it not been whetted by the pen : but schollars are not active on both sides alike , ( to shew their partiality , and interest in this cause ) 't is only on the kings side , where the pen and the launce are both brandisht in the same hand . and it is wisely ordered , for the kings interest will be the more hopefully pursu'd when schollars second it with their arts , and the schollars interests will be the easier gained , when the king seconds them with his armes . but of all kindes of learning oratory is most relyed on : and of all kindes of oratory , that is most made use of , which is most wantonly painted and dressed , and borrowes most from ostentatious art , and is therefore most unfit for businesse , either of law or state , because it is most fit to inveagle , and deceive with its false graces and flourishes . the tongue of cyneas was very advantageous to pyrrhus in subduing townes and cities , but 't is likely more of manly logick then of effeminate rhetorick flow'd from that tongue of his , or else townes and cities in those dayes were governed by very illitera●e men . none but the duller sort of people are to be catcht by pure oratory , the wiser sort are well enough instructed , that when the fowlers pipe playes most melodiously , the snare is coucht most pernitiously . that man is very unworthy to judge of papers that cannot distinguish betweene foundations and superstructions , reasons and assumptions ; that cannot discerne betweene prooving of premises , and pursuing of conclusions : and yet the chiefest fraud of the orator is to passe over that part of the businesse which requires most proofe , without proofe at all , and that which is most darke without light at all , and that which is most important without mention at all . 't is enough for the orator to blazon the bloudy shield of warre in generall , when 't is his sole charge to dispute who are the guilty causers and promoters of this particular warre : 't is enough for him to take it for granted , or at most upon his owne credit to affirme it , that the kings party of papists and arminian clergy men and delinquents were first assayled by this parliament , without cause or danger ; and so per saltum to proceed to venemous invectives , and cursed censures against the parliament : when his maine taske is to proove either that a parliament may in no case whatsoever defend it selfe , or that this warre in the parliament is not defensive . if wee peruse all the papers which have come out in the kings behalfe , under his name , or otherwise ; we shall find nothing proper to be insisted on , but these two points , that defensive warre is unlawfull in parliaments , or that this warre in the parliament is not defensive ; and yet nothing lesse hath been insisted on ; nay though the fabricke bee vast that is built and raised thereupon , ye● that which ought to support all the fabrick is utterly neglected ; so in this reply ( now to be examined ) if much be affirmed , yet little is prooved , and if any proofe be made 't is of sequels , not of premisses ; 't is of assumptions deduced , not of theses deducing : and 't is plaine and obvious to all that the replicant here pleads not as if he stood at the barre , but pronounces sentence , as if he sate on the bench : we may justly therefore suspect that he aymes not at the satisfying of wise men , but the dazelling of simple men , and that he would not daube with his sucusses every line , and embellish with his caressing phrases every sentence , if he did not affect the pompe of mr rhombus the pedant , rather then the graviti● of a statist . the next art of our replicant is to impose those his nude averments , which are most false and improbable , with most boldnesse and assurance , assailing as it were thereby the beliefe of other men with armed violence ▪ that it may passe for currant that farnham castle was surprized contrary to the faith , and treaty of sir william waller ( with whom no treaty was ever entertained , nor spoken of , ) it must be further averred , that our side was false at winchester , false in yorkshire , false every where ; but these things ●adem facilitate negantur , quâ affirmantur . another advantage of the kings party is by multitude of writings , invective and satyricall : both the universities are become mints of defamatory disgracefull papers , the regiments of the kings pen-and-inkhorne men , are more and fuller then of his sword-men ; and though too many papers are scattered of both sides , yet those of the kings are most of them serious ▪ and done by able men , whereas those of the parliaments side for the most part are ridiculous done by sots , or prevaricators to the disadvantage of the partie . after these premonitions i come to the replication it selfe . the substance of the petition was that the parliament would tender such propositions for accommodation , as might be accepted with honour to his maiesty , and safety to the kingdome . the substance of the answer was that the parliament was truly and heartily desirous of a safe and honourable accommodation , and for an instance of that their desire would seeke nothing from the king , but to enjoy the due essentiall priviledges of his highest court of law and policie , which priviledge must needs qualifie and fit them rather to judge , then to be judged by any other inferiour partie . that a totall submission to the king , he being so farre addicted to a faction of papists and haters of parliaments , could neither be safe nor honourable . that to submit to the kings party were to submit to the foes of religion and libertie : foes irreconcileable , and such as ever had been dangerous , and were now made more furious by bloud against the parliament . that if the petitioners being but a part of london , and that but a part of england , should in stead of an honourable safe accommodation presse the parliament to a dishonourable unsafe submission to the kings party , it were a breach of publike trust in the parliament to yeeld therein , the parliament being trusted by the whole kingdome , that if a just fit accommodation be intended the king ought to trust the parliament in part , as well as the parliament ought in part to trust the king . that both parties being equally disarmed , the protestants being lesse countenanced by the king , and more obliged in conscience by oathes and agreements , would be more obnoxious to disadvantages , then that party wherein so many papists are predominant . that though the parliament might submit , yet a faire accommodation it could not obtaine , except the king would equally condescend thereunto . that if the petitioners had found out a more safe and honourable accommodation then the parliament had yet discovered ; ( for that was possible ) the parliament would embrace it ; that if none such could be found out , the affections and judgements of the parliament ought not to becensur'd or distrusted . that it behooved the petitioners to addresse themselves by the like petition to the king , if no want of affection to peace were apparent in the parliament , as certainly none was . in contradiction and opposition to all the severall poynts in this a●alysis , what the replicant hath set forth , wee shall now see in the same order . . the great contrivers of our sad divisions , which abuse the weake reason of the people , to keepe up an unfortunate misunderstanding between king and subject are not named by the replicant ; but they are clearely pointed out to be the chiefe lords and commons in parliament : for he saith , every new vote of late hath been a new affliction : and he makes pennington and the citty lecturers to be but iourney-men rebels under them : and even this hellish slander he venteth under the name of the petitioners , whom he stiles the most considerable persons of the citty : and at the same time affirmeth , that the people generally are of honest affections . and the answer to the petition in which , the words ( he saies ) are softer then oyle , though the matter of it be poison of aspes , he attributes only to some chiefe engineers of mischiefe in the house , though it carry in it the authority of the whole house . here is a wonder beyond all wonders . a few factious persons in parliament over-awe the major , better and wiser part in parliament ; and by a few factious instruments in citty and countrey abuse the major , better and wiser part there also into the most miserable distempers and calamities that ever were ; and though the honest generality begin to grow wiser and are instructed by the sence of their miseries , and by other advertisements from loyall papists and prelates , and other pious courtiers and souldiers to shake off their few tormentors : nay , and though the king himself has not onely publisht the most eloquent and subtill declarations to disabuse the people , that ever were ( himselfe being the most beloved and honoured prince that ever was for his indulgence to liberty and religion ) but ha●h also advanced a most puissant and victorious army to releeve these undeceived wretches ; yet the incantation holds , no humane force either of arm●s ▪ or art● can dissolve it . the miracles of moses had an impression of divine vertue upon them , and did therefore triumph overall the egyptians spels : bu● in this case , mr pym , with i know not what infernall engines distorts and wrests all the orbes of a kingdome from their naturall motions ; and yet no divine art can resist him . 't was never beleev'd before that any but god could work contrary to nature , but now it must be beleeved . but is it so apparent that the parliament is averse from peace ? yet saies the replicant , for withdraw the fuell , and the fire is soon extinguisht : let the parliament not foment the ill humour ( by supplyes of men , armes and ammunition ) and the wound will heale of it selfe . in the petition , nothing but an accommodation , safe and honourable was pretended , but now we see a meere submission is intended in this replication . t is not prooved : that the armes of the parliament are unjust ; 't is not prooved , that it may be safe for the kingdome to prostrate , and subject parliamen●s to the discretion of that faction which now has bereav'd us of the kings presence and favour ; yet because the replicant will take upon him to condemne parliaments ; we must also allow of his judgement . but ' its further say'd by the replicant , that even accommodation it selfe is not pleasing in parliament ▪ witnesse that sp●ech of one , i like not daubing : and that of another , i hat●●●● name of accommodation . hee which hates the name of an accommodation as it has bee● used of late to signifie a totall submission , may love a true accommodation in it selfe : and he that likes not the daubing of those which under the colour of accommodation ayme at nothing but division and dissention amongst the people , may more heartily affect a safe ▪ and honourable agreement , then the replicant himselfe . can the parliament expresse zeale to peace better then by contracting all its rights and priviledges into one compendious proposition , for the setling of union ? to purchase true peace , the parliament desires nothing but to retain the meere being of a parliament ; that is , to be the supreme court of king and kingdome . and if it can stand with the essence of such a court to be arraign'd , tryed and sentenced by a faction of papists , prelates , delinquents , and souldiers , the parliament will submit to that condition also . . when we expresse our feares of the kings party , and therefore deny submission thereunto as dangerous and dishonourable , the replicant tels us further , we are required not to submit to our fellow subiects , but to the king only : and he tels us further , that the lawes are the best security , and those we shall enioy , and to claime any higher securitie is to assume the power of kings . how farre the lawes of the land have been sufficient to preserve to parliaments , and the be●ter part of loyall protestant subjects their rightfull portion and interest in the kings favour , for these . yeares last past , is knowne to all ; the lawes of scotland could not secure the better and greater part there ; the lawes of ireland have not saved the brittaines and protestants from massacres there : and yet certainly both those kingdomes are intitled to lawes of as ample benefit , and vigour as ours now is . but what speake we of common lawes , when even at this instant such a free subjects house is burnt and plundered by the kings party , in derision and despight of the kings owne proclamation and particular placard granted for the safegard of himselfe and his family ? as our judges preyed upon us heretofore in matters of state , and divines oppressed us in matters of religion : so our martialists now have a power of spoyling above the generall law , or any particular protection . if the king thinke fit to grant safety to such a person , or such a towne , it must be provided alwayes that such a dutch or scotch commander , who conceives himselfe more skilfull in war then the king give his approbation withall ; for my part i conceive it more honourable for the king to say that he cannot , then that he would not save his people from all those cursed indignities and cruelties which have been multiplyed upon us during this warre , and before , by his adherents . as for lawes therefore we must take notice that they may be imployed either to the benefit or prejudice of any nation , and that they themselvss do require to be regulated by further lawes . no nation can be free without a three-fold priviledge : the first is in the framing and passing of lawes . the second is in declaring and interpreting lawes . and the third is in executing and preserving lawes in force . where the king is sole law-maker all things are subject to his meer discretion , and a greater bondage then this never was nor can be ; the english lie not under such base servitude , their king claimes but a part in the leg●slative power : and yet neverthelesse of late by discontinuing of writs for the summoning of parliaments , and by the right of a negative voyce in parliaments , and an untimely dissolving of parliaments , the peoples interest in this legislative power has been much abridged and suspended . in the like manner also if the sole power of declaring lawes were so in the king as that he might himselfe give judgement , or create judges at his pleasure without imposing oathes of trust on them in behalfe of the people , or should deny redresses upon appeales from them , our legislative power would be vaine and uneffectuall to us . for my part i hold it an equall thing , whither just men make lawes and unjust interpret them , or unjust men make lawes and just interpret them . when it was just in the king of late to impose what taxes hee pleased , and as often as he pleased upon us for the preparing of armadoes all over england . our nation was fallen into a most desperate thraldome , yet the fault was not then in the lawes , but in the judges , and such as had a power over the judges , lawes as they are deafe , and by a strict inflexibility more righteous then living judges , so they are dumb also , and by their want of language more imperfect then the brests of men . and indeed since the lawes of god and nature , though knowne to all , yet do not utter to all the same sense , but remaine in many plaine points strangely controverted , as to their intent and meaning ; how can we hope that any humane lawes should satisfie all mens understanding in abstruse points , without some living key to open them ? the vast pandects and digests of the law sufficiently testifie , that in the clearest law , which mankind could ever yet discover there are dark and endlesse labyrinths , wherein the weaker sort of lay men are presently lost , & the learnedst advocates are tediously perplext . in the last place also if the sole power of inforcing and executing lawes were so vested in the king , as that he might use it to the cessation or perversion of all justice , and the people were in such case remedilesse , the interest in making and declaring of law were invalid , and frustrate in the people , and the king might still inslave or destroy them at his pleasure . the replicant sayes , that under a monarchy much must be trusted to the king , or else it will be debased into democracie . t is confessed much must , but all must not be trusted : the question then is , how farre this much extends in a monarchy of such a mixt nature as ours is , in such times as ours now are ? in absolute monarchies all is trusted to the king : in absolute democracies all is vested in the people : in a mixt monarchy more is trusted to the king , then is reserved to the people ; and in a mixt democracie more is reserved to the people , then is derived to the prince . in all formes of government the people passes by way of trust , all that power which it retaines not , and the difference of formes is only in degree , and the degrees are almost as various as the severall states of the world are , nay the same state admits of often changes many times , sometimes the people gaines , and sometimes looses , sometimes to its prejudice , sometimes not ; and sometimes injuriously , sometimes not ; but the degrees of ordinary power consist in the making , declaring and inforcing law , except when forraigne warre is , and then it is expedient that a greater and more extraordinary trust be reposed in one , and this we see in holland , the most exact republicke , and in england the most exact monarchy in the world . but it is a leud conceit of our royalists now-adayes to attribute to our king an absolute power over the militia of this land at all times alike , not distinguishing between civill warres , wherein he may be a party , and suspected ; and between a forraigne warre , where he is neither a party nor suspected : for if our kings will plead such a trust to our disadvantage , 't is just that they produce some proofe for it , and relye not upon meere common use , 't is true in case of forraigne invasion , 't is expedient that the king be farre trusted , and yet even so , if the king should conspire with forraigne forces , or neglect to protect us against them , contrary to the intent of his trust , we might resume the common native posse , or militia of the land , for our owne defence without his consent . and much more reasonable is it in time of peace , or civill warre , if the king will deny his influences , or withdraw his presence , to obstruct law , or will by his negative voyce , or by force seeke to disable his highest courts and councels , and reduce all to arbitrary government : more reasonable is it , that the people secure to themselves the law , their chiefest portion and best patrimony . for as the king cannot by law deny to the people their undoubted interest in passing of lawes ; so neither can he defeat the same interest , or destroy the benefit thereof by misinterpretations , or by mis-executions of the same lawes . no nation can injoy any freedome but by the right and share which it has in the lawes , and if that right and share doe not extend to the preservation of lawes in their true vigour and meaning , as well as to the creation of them , 't is emptie and defeasible at the kings meere pleasure , much is to be trusted to the king : true , but all is not ( we see ) ●rusted , some power we see is of necessity to be reserved in free nations , such as the king allowes us to be , and there is a difference also in the word trust : for there is an arbitrary , and there is a necessary trust , and the one may be resumed ; the other not upon meere pleasure . without all question , the wiser and juster princes are esteemed , the more the people ever trust them , but this makes no difference in the legall and fundamentall trust of the kingdome , nor can infirme credulous , and easie princes pretend alwayes to the same degree of power as their ancestors have held , unlesse they can prescribe to their vertues also . queene elizabeth might with safety and expedience be trusted further then king iames , even in those things where the law did not trust her : but this is the misery of subjects , all goes from them , but nothing must returne : the court of a prince is like the lions den in the fable , all the beasts leave prints and steps advorsum but none retrorsum . but the replicant further assures us , that t is very easie to assigne the bounds of these severall trusts : for the lawes and customes of the land determine both : nor will his maiestie ( he saies ) require any new trust to himselfe , or deny any old trust to us . our great d●vines were to bee admi●ed for their profound knowledge in the mysteries of law were they not courtiers : but now the king is presum'd to comprehend omnia jura in scrinio pectoris : and so they by their residence at court discerne all the secrets of law and state in speculo imperii , just as our heavenly saints doe read all things else in speculo trinitatis . our gravest sages of the law are much divided in points of lesse moment and intricacie , and as for the precise metes and bounds , where soveraignty and liberty are sever'd , and the direct degrees of publike trust in all cases , and at all times , they looke upon them as grand difficulties , scarce fit to be debated but in the sacred court of parliament ; and yet clergie-men think them but the first rudiments of all knowledge , obvious to very a. b. c-darians c-darians . they alwayes boast of the knowne lawes of the kingdome , in all disputes they referre us to the knowne lawes and customes of the land , as if judges were things utterly needlesse , and the study of law meerely superfluous . the tresha●lt court of parliament , of whose determination our learnedst judges will not thinke dishonourably , cannot pierce into these known obvious lawes , and yet every sophister can : the fountaines of justice are now exhausted , and yet the cisternes remaine full . but saies the replicant , if you seeke further security then the knowne lawes , the people will see , that under the name of free subiects , you take upon you the power of kings . sir , we desire to have our lawes themselves secured to us , which you may turne like our owne canons against our selves , if righteous and prudent iudges be not granted us , and all over-awing violence so prevented , as that the fruit of their iudgements be clearely and intirely conveyed to us . and such securance is not incompatible with monarchy ; for it is no more impeachment to monarchy , that the people should injoy th●n make lawes ; that they should be sharers in the power of declaring and executing , then in the power of passing & framing lawes : but it is on the contrary an evident impeachment to liberty , if an equality of these three priviledges be not at least shared with the people . . as for the diametricall opposition in religion and state betwixt us and our irreconciliable enemies of the kings party . the replicant maintaines divers things : and of the papists and delinquents he sayes , that we have nothing against them , but state calumnies : that the same justice may governe both , if wee will submit to law . he beseeches us to tell what religion we would have : if that which the martyrs sealed with their blood , our adversaries practise it , and desire severe punishment upon all such as transgresse it : he imputes to us a new creed : he sayes the king is to look upon friends or enemies in a law notion only , that subjects must not give lawes to princes courtesies : that our enemies , if they be traytors , are to be tried at the kings bench , the house of commons having no right of judicature . the major part of our enemies are certainly either papists , or else such as are either over-awed or outwitted by papists . t is true , some part of our enemies knowes the truth of the protestant religion , and the desperate antipathy of papistry ; yet having in them the true power of no religion , but serving mammon only , for their worldly interests sake , ( with which severity of parliaments will not square ) they adhere to papists , little regarding what religion stands , or what falls ▪ another part out of meere ignorance is carried away with the name king , and the professions of the king , not at all looking into reason of state , nor being able to judge of the same : but the last sort of men are not so considerable , either for their number , or power , or malice ; and therefore i shall not insist upon them . the maine engineers in this civill warre are papists , the most poysonous , serpentine , iesuited papists of the world . all the papists in europe either pray for the prosperity of this designe , or have contributed some other influence and assistance to it . this warre was not the production of these two last yeares , nor was england alone the field wherein the dragons teeth were sowd . scotland was first attempted , but the protestant party there was too strong for the papists , and such of the english as joyned with them . the conspiracies next broke out in ireland , where the popish party being too strong for the protestants , the tragedy has been beseeming papists , it has proved beyond all paralell bloody ; and if shipping were not wanting , they might spare some aids for their fellow conspirators here in england . england is now in its agony , bleeding and sweating under the sad conflict of two parties , equally almost poized in force and courage . the papists themselves in england amount not to the twentieth arithmeticall part of protestants , and yet one papist in geometricall proportion may stand against twenty protestants , considering the papists with together with their adherents , and considering also what they are that act over them , and who they are that act under them . what power the romish vice-god has in the queen is known , & what power the queen has in the king , and what power the king and queen have in the prelaticall clergy , and the clergy in them reciprocally , and what power the king , queen and clergy have on a great number of irreligious or luke-warm protestants ( now made delinquents and so further engaged ) as also upon all papists , & how all these have interests divided & intwined & how restlesly active they al are in pursuing their interests is not unkown . besides ireland is a weakness , & scotland is no strength to us : all popish countries france , & spain &c. are likely to annoy us , and the protestants in denmark , holland &c. have not power to restrain their princes from combining further against us . in this deplorable condition we have no friends to complain to , and yet this replicant tels us , we have no enemies to complain of ; our very condoling against papists and delinquents , he tearms state calumnies , and slanders that have lost their credit by time , and are confuted by experience . o thou black mouth , more black then thy coat , hast thou no more remorse for all that pretestant blood , which delinquents have enabled papists to shed in ireland , and for all that protestant blood which armies of papists and delinquents are now ready to shed in england ? if all this blood finde no pity in thee , yet is it an offence to thee , that it extorts teares and lamentations from us ? o thou unbowelled sanguinary wretch , if god be the god of protestants , he will judge these cruelties of papists , and their abettors : and if he be the god of papists , we know our slanders and calumnies cannot deceive him ; wee submit our selves and our cause to his revenging hand . but thou wilt say , the kings party in this warre are good protestants , and we are anabaptists , &c. the tyranny and superstition of bishops has driven some of our tender and stricter protestants into utter dislike of ceremonies , and that pompous , or rather superstitious forme of church discipline which has beene hitherto used in england . some of us desire an alteration of some things in our lyturgy , by advice of a learned and uncorrupt synod : others perhaps scruple church musick , and any set forme of divine service , to be imposed of necessity , liking better the single order of scotland . what new creed is there in all this , or what change of religion were this , if there were any great numbers of men so opinionated ? but it is well enough knowne to our adversaries , that there is not one man of both houses of parlialiament that is violent against all publick set formes of prayer , or that forme which is now in use , or that desires any alteration of doctrine in essentialls , nay , nor of discipline , except in things very few and inconsiderable . and it is well knowne that the parliament , as it would loosen the rigour of law in some scruples for the ease of tender consciences , so it abhors utterly all licentious government in the church , and all by-wayes of confusion . in the city the king has instanced in pennington , ven , foulk , and mannering , as notoriously guilty of schisme , and doubtlesse they were named for want of worse : try these men now by the old creed , or by the nine and thirty articles ; nay , examine them concerning the common prayer book , and it will soon appeare how farre they are strayed into brownisme , or any other schisme : it will appeare how they are wounded in schismatick , and all protestants in them , and the true religion in us all : it may be they have not put pluralities , or the parliamentary votes of bishops into their creed ; it may be they have reserved no implicite faith for convocation acts , and canons , which the replicant may perhaps judge very irreligious ; but they hope this never had any anathema pronounced against it in the old church by any councell before antichrists dayes . let not railing passe for impleading and condemning , and we will all be tried in the same manner , and if any new creed be found amongst us , differing in substance from the old , let our adversaries themselves give and execute sentence upon us . if brownists could be as well distinguisht and nominated in our army , as papists are in the kings , or were really as many and as far countenanced , we would distrust our cause ; whereas we now beg no otherwise the blessing of god upon our armies , then as we are enemies both to popery and brownism . dares our replicant make such a prayer ? no , somtimes he owns papists , and somtimes he seemingly disowne them : speaking of the kings party , once he saies , as for the establisht religion we will become suiters to you , that you will severely punish all persons whatsoever that transgress against it . papists certainly have transgrest against our religion ; if the rebellion in ireland be a transgression , or if the instant taking up of arms here against the parliament be a transgression ; yet see at the same time , when they call us to punish the papists , they themselves arm & enable papists to punish , nay to destroy us , is this all the ingenuity we shall expect ? well , to our law notion : it is argued in the next place , that a papist fighting for the king , though in a notion of theology , he may be accounted an enemy quatenus a papist , yet in understanding of law , hee was accounted the kings friend , as to his fighting : priest squires doctrine just , hee that fights for the king , or rather at the kings command , let the cause be what it will , he is the kings friend . when saul ▪ gave a furious command to f●ll upon the priests of iehovah ; amongst all his servants , he had no entire loving freind but doeg : so when his unnaturall rage ●ncited him to take away the life of ionathan ▪ the whole arm● that defended ionathan were his foes , and if it had proceeded to parties ( as it had , if saul had had as many idumeans in his service as king charles now has ) those onely which had been the execrable instruments of the kings tyranny , had been the kings friends , and had fought for their king : so those six hundred men which adhered to david , out of a pious intent , to preserve his innocent soule from the bloudy hands of saul , and his three thousand impious murderers ; and the keilites also , if they had been faithfull to david ( as they ought to have been ) were guilty of treason and drew their swords against their master . but i expect now that the replicant insist upon the iustice of the kings cause , as not taking armes to master the parliament , but to defend themselves against the parliament : this if it could be proved , would over-rule all , but it being in question , and as resolutely denied by one side , as affirmed by the other ; the replicant must evince by reason all that he expects to gaine from us . 't is not so probable that a parliament should invade a king , as a king a parliament : 't is not so probable , that a parliament should be misled , and have ends to enrich it selfe by oppression as a king . 't is not so probable , that that army which consists all of protestants , should be so adverse to the reformed religion ▪ as that which admits and favours all papists and delinquents : t is not so probable , that that army which is raised and payed by parliament , that is by the flower of all the english nobility and gentry , should fight for arbitrary government , and against propriety , liberty and priviledge of parliament ; as that which hath nothing considerable , but rapine and pillage to maintaine it . if many evidences of facts , many pregnant proofs , and many lively circumstances of time and place , did not absolve the parliament of trayterous conspiring against the kings crowne , dignity , and person ; and convince digby , percy , iermin , and divers of the kings and queens party , of conspiring against the priviledges of parliament , and the lives of many of our noblest pariament men . if all other arguments did faile , the very invitation of papists to the kings standard , & the rising of the papists with such generall consent now , that all ireland is almost lost to the papists , and some hopes were else to recover it , would sufficiently assure me , that religion and liberty stand in more danger of the kings party , than of the parliaments ▪ i could not with more cleare and cheerfull confidence die for the truth of the protestant religion , then for the iustice of the parliaments cause in this warre , noscitur ex comite , &c. let the papist plead for the delinquent , and the delinquent for the papist , those ends which have so closely cemented , and kindly incorporated both together , make a sufficient discovery to me , as well what the papist , as what the delinquentis . and this age must prove monstrously unnaturall , in producing a wonder never heard of in all former ages , ●f iustice doe now rest on the kings ●ide ; for surely , no king ever till now , having a iust cause , was opposed therein by the maior and better part of his subiects ; much lesse was it ever seene or heard of , that any king in a iust cause was deserted by the maiority of his orthodox subiects , and supported by the unanimous aid of such , as hated his true protested religion . god send the king to lay these things seriously and pensively to heart , for since none of his wise and worthy ancestors ever yet had cause to wage war either with the collective or representative body of the people : so none at all ever in any warre ●ided with a false religion , or against the true , till this unhappy day ; in the king charles is the first , and i hope will be the last , and therefore this is worthy to make a sad impression upon his soule . but our replicant will tell us , that the kings iustice may yet govern and awe both parties by the same law , whatsoever their antipathy be . the king has law , and power by the law to protect the better partie , and to provide for the peace of both parties : but notwithstanding that law and that power the poore british protestants in ireland have beene left unprotected , and lamentably exposed to a generall assassination : and had they not beene betrayed by their vaine confidence in the law , and in the kings protection , they perhaps might have found other meanes to defend themselves ; therefore it is no refuge or comfort to them now , to hear the name of law proclaimed & reiterated , when as things hapned there , it has been the very shelfe and rock whereon the protestants have been miserably bulyed and wricked ; ●hen pardon pray , if the same name of iustice also sound but harshly at this time in our eares : when papists which have destroyed our religion in ireland , are raysed to preserve it in england ; and protestants which were sending succours and supplyes into ireland , are in the instant invaded here in england for the better suppression of popery both here and in ireland ; t is a strange kinde of assurance or ●oy to us , to see the names of religion , liberty , and parliamentary priviledge , stamped upon our coyne , or interwoven in our standard , when at the same time , we see the same coyne imprested for the entertainment of a popish army : and the same standard marching against the representative body of our nation , and the supreame court of iustice in our state . nay , and the strange time that is taken for the righting of religion , law and liberty amongst us , m●kes our assurance , and joy the lesse triumphant , for we plainely see , that as the season now is , no one protestant falls here by the kings sword ; but by the same stroak three protestants at least are cut off in ireland . and lastly , the manner of rightting religion ▪ law and liberty , is most strange of all , for open warre is not now sufficiently destructive , though it be spread all over the face of the kingdom ; subterranean plots are brooded further in the dark , and by privie intell●gence , the whole city of london is to be engaged in a tragicall conspiracy , to murder it selfe in one night : what the benefit ▪ therefore is of law and power , and iustice for the disabling of papist and delinquents , and for the safe guarding of loyall protestants we all know : but when papists and delinquents finde countenance , and the true religion is abandoned , and le●t obnoxious to mischiefe by the perversion of law , power and iustice ; the names alone will not availe us , but our replicant further saith , subjects must not give lawes to princes courtesies . in matters of a private nature princes are absolute , but not so in publike affaires , where the publike safety or liberty is touched . in their own pallaces princes may dispose of offices , but in the state if they make patents prejudiciall to their revenues , to their prerogatives , or to the peoples interest ; the iudges shall pronounce them deceived in their grants , and make the deeds void and null in law : princes cannot alien any parcells of their crownes , hull may not bee transferred to the king of denmark , nor portsmouth to france , nor falmouth to spaine , for kings have no sole propriety in such things , and the same reason is in the super intending offices of royalty i● s●lfe ; they are not transferible at pleasure : some princes ( to use the words of tacitus ) are so infirme and credulous , that they remaine jussi● alienis obnoxii , and non modo imperii s●d libertatis etiam indigent , they are so enslaved sometimes to their basest flatterers , that their very d●adems are as it were aliend and made prostitute to seducers , and these their flatterers and seducers ( in the ●xpressions of the same tacitus ) minoee metu & majore praemio peccant . the unhappy protestants in ireland were of late undone by the vast● power which was put into the hands of the earl of straff●rd , and all the ecclesiasticall , if not civill disturbances and distraction ▪ which have of late infested these three kingdom● , were in great part ●a●sed by excesse of power over ▪ the church , delegated to the archbishop of canterbury : without doubt when the foundation of popery was first to be laid , it did not prosper and advance so much in sixscore yeers under the first popes , as it did in six yeeres here under canterbury : and ner● himselfe in his first three yeeres did not attaine to so much insolence and tyranny as strafford did in one yeare . the kings freedom therefore in favours will ●ever justifie the preferring of such men , to an unquestionable com●●nd , nor the subjecting the lives , liberties , and soules of so many millions of religious protestants to their corrupted disaffected wills : neverthelesse , for ought i can see we have since but changed one strafford for another , and one canterbury for another : only to stop our complaints : this replicant tell us , that the courtesies of princes are not to be questioned by subjects . the queen has now attained to a great heigth of power as formidable as she is to us , in regard of her sex , in regard of her nation , in regard of her disposition , in regard of her family , in regard of her religion , and lastly , in regard of her ingagments in these present troubles ; some think shee has an absolute unlimitable power over the kings sword and scepter ; which if it bee so , no end of our feares and calamities can be , no propositions can profit us , no accommodation can secure us . if the king himselfe were a papist , he would yet look upon us as his naturall subjects , but when his regall power is secondarily in the hands of a papist , to that papist we appeare but as meere hereticks without any other relation of subjects : by secondary power also , a stroak is given with m●re secresie and security ; so that there is the lesse feare in the party striking to break and retard its violence : it issues like a bullet , whose line is not direct , but with some elevation in the ayre , or with some windings in the barrell of the gun , whereby it doth more execution at a further distance . therefore our kings many and dreadfull oaths and vowes of sincerity in the protestant religion are not satisfying , if in the mean time any of his kingly prerogative bee shared with such as are not sincere in the protestant religion ; it were farre safer for us that hee would sweare for his party , then for himselfe . but our replicant will never have done with the law , hee still tells us , that every man is to bee tryde by his peeres the lords in the lords house , and the commons at the kings bench , and though the house of commons have no right of iudicature , yet there is another tryall for treasons , and our m●●●e p●int in difference at this time is concerning treason . the parliament is nothing else but the whole nation of england by its owne free choice , and by vertue of representation united in a more narrow roome , and better regulated and qualified for consultation then the collective body without this art and order could be . the lords and commons make but one entire court , and this court is vertually the whole nation : and we may truly say of it , that by its consent royalty it selfe was first founded , and for its ends royalty it selfe was so qualified and tempered , as it is ; and from its supreame reason , the nature of that qualification and temperature ought only to be still learnd , and the determination thereof sought . for who can better expound what kings and lawes are , and for what end they were both created , then that unquestionable power , which for its own advantage meerly gave creation to them both ? if kings and nationall lawes had any humane beginning , if they be {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , as the scripture sayes they are , they had not their being from themselves : and from nations collectively taken they could not have their being ; for nations so are not congregable , nor consultable , nor redeemable from confusion ( pardon the hardnesse of words ) and therefore it must follow , that both kings and laws were first formed and created by such bodyes of men , as our parliaments now are ; that is , such councells as had in them the force of whole nations by consent and deputation , and the maiesty of whole nations by right and representation . the enemies of parliaments seeing this not to be gain-said , and seeing that it must needs follow , that that cause which first gave the being , and prescribed the end of that being , must needs have most right and skill to limit , and direct the manner of that being : they seek to divide the coactive from the representative body of the people : they seek to divide between the two houses of parliament : and these seek to divide between the head and the body of the parliament . they perswade the multitude , that they have entrusted the parliament only with their purses to give away subsidies , and replenish the kings coffers ; but not to settle their rights and franchises , and to make knowne the bounds of prerogative , and restraine the unnaturall encroachments or erruptions of the same . if the community have beene agrieved to complaine , or almost accuse , is a sufficient priviledge of the house of commons , and this , but to avoid further repining , shall not be granted them . t is pity that our doctors doe not study the law further ; for with a little more industry , they might perhaps finde out , that every private man as well as the house of commons , or the whole community out of parliament , as well as our knights , and burgesses in it , may give the king money ▪ and if occasion be , preferre an accusation against such a ●yrrannicall lord or favourite ; well , if such rabbies , and expounders can satisfie any of the unworthy vulgar , and some gentlemen , and lords who have spirits below the yeomanry of england ( for such i have seene too many since . novemb ▪ , they shall be no further disabus'd by me . in the next place , they attempt to work a disunion between the houses , the lords shall have a power of judicature ●ver their members so they will exclude the commons from any part therin ; and upon condition that they will so farre disclaime them , as to leav● them obnoxious for tryalls at the kings bench ; this sitting of the lords and commons in severall houses , does not prove them severall courts , nor does the observance of particular priviledges in either house , and not laying all things common between both , prove any independance of either : doubtlesse they are like the twines of hippocrates , they both must live and die together . in former ages judgement was so given upon the greatest delinquents , at that the commons were parties in the judgement : and sure , whilst they were judges over lords ▪ themselves were not subjected to inferiour courts : the lords then knew they could not indure any indignity to fall upon the commons being but distinct parts of the same court , but it would reflect upon themselves ; and the commons knew that the honour of the lords was an addition to themselves , whilst the curiatii stand close together , their three adverse combatants are too weake for them ; but when they are divided by unwarinesse in the encounter , they prove all three too weake for one of their enemies . i will not make any comparisons , or say whither the lords or commons deserted by the other suffer more ; i will only say , that nothing but fatall want of policy , can divide or diminish their mutuall love and correspondence . in the last place , division also is raised betwixt the king and parliament ; there is a generation of men which se●ke not the good of king and parliament ; nor could prosper if the king and parliament were united as they ought to be . these men because their suggestions cannot prevaile to alienate the parliament from the king , apply all their indevours to alienate the king from the parliament : their perp●tuall suggestion are , that the greatnesse of kings is eclipsed by parliaments , that there is in lawes themselves a kind of enmity , and something that is inconsistant with royalty , that kings are bound to seek nothing but themselves ▪ that kings can seeke nothing in themselves , so nobly as the satisfying of their wills , especially when their wills are fixt upon things difficult and forbidden . neverthelesse , there is nothing but falsety in all these suggestions . for princes are the creatures , and naturall productions of parliaments , and so are their prerogatives as has been set forth , and every rationall and naturall thing loveth its own off-spring , and that love is rather ascending then descending , it is liker the sap of the root , then of the branch , viz. the people are more inclinable to love princes , then princes to love the people ; there is likewise a neare consanguinity , and reflexive benevolence of aspects between lawes and princes , they are both of the same descent , and tend to the same end , and both are inviolable ▪ whilst they are assistant each to other ; the enemy of both has no hope to prevaile , si attribuat rex legi , quod lex attribuit ●i . t is retrograde also to nature , that princes whom god has set to feed his people , and not without the creation of the people , should think themselves more valuable then that people ; or that they should confine their thoughts to themselves as gods , despising the universality , when god has called particular subjects their brethren , and forbidden them to lift up their hearts above any of them . lastly , that princes which have as other men , sinfull affections , and are subject more then other men to sinfull temptations , and are accountable to god therefore , in a higher degree then other men , should think it inglorious to deny their own irregular wills , and to submit to lawes , parliaments , and the publike prayers and advice of their subjects , 't is a thing scarce credible . the most expert navigator preferres the guidance of his needle before his own conceit ; the most tried engineer wholly relies upon the certainty of his rule . all artists how rare soever apply themselves to their instruments , absolutely renouncing their skill and experience in comparison of mechanick directions . only princes chuse rather to erre with their own fancies and fancy feeding flatterers , then to go right with publick advice , and no mischiefe ▪ which can happen to themselves , and millions of others by their error , seems so unkingly to be suffered , as a retractation from error . but our replicant has more particular objections against parliaments , as ●irst , that they have no cognizance of matters of state : secondly , that in matters of grace and pardon th●y have no power or right : the king in those , has an arbitary sole authority . lawes ayme at iustice , reason of state aimes at safety ; law secures one subject from another , law protects subjects from insolence of princes , and princes from sedition of subjects , so far as certaine rules may be given and written ; but reason of state goes b●yond all particular formes and pacts , and looks rather to the being , then well-being of a state ▪ and seeks to prevent mischiefe ●orraign as well as domestick , by emergent counsels , and unwritten resolutions . reason of state is something more sublime and imperiall then law : it may be rightly said , that the statesman begins where the lawyer ceaseth : for when warre has silenced law , as it often does ; policy is to bee observed as the only true law , a kind of a dictatorian power is to be allowed to her ; whatsoeever has any right to defend it selfe in time of danger is to resort to policy in stead of law , and it is the same thing in the replicant , to deny to parliaments recourse to reason of state in these miserable times of warre and danger , as to deny them self-defence . many men , especially lawyers , would fain have law alone take place in all times , but for my part i think it equally destructive to renounce reason of state , and adhere to law in times of great extremity , as to renounce law , & adhere to policy in times of tranquillity . nothing has done us more harme of late , then this opinion of adhering to law only for our preservation : & the king and his party though they are too wise themselves to observe law at all , yet have wrought much upon the simpler sort of our side by objecting against us neglect of law . certainly as our dangers now are , it would bee good for us to adde more power to the earle of essex ( if he be thought the worthiest man of trust amongst us , as he has deserved no lesse estimation ) for till i see him look● upon , and served as a temporary dictator , and the bounds of his commission to bee only this ; ne quid detrimenti capiat respublica cavere : i shall never think the parliaments safety sufficiently provided for . to frame any arguments , or reasons , or to offer p●ooses , that the representative body of the kingdome is a counsell of state , rather th●n a court of justice , would shew me as foolish as the replicant : ▪ t is impossible any man should doubt of it , that does think the being is to bee preserred before the well being ; or that whole nations have any imterests either in their owne being or well being . let our adv●rsa●ies triumph in their owne conceits , and when in the same case there is both matter of law and state ( as in the case of hull , where the king had ●n interest rather in state then law ) let them upbraid us for declining of law ▪ i shall like that best which they dislike most in us ▪ i wish we had not observed law too farre , for they would never so farre recommend ▪ it to us , did they not know it might be sometimes unseasonable . as for acts of grace and pardon . i shall not much quarrel thereabout , the parliament can best advise the king how far it is fit to passe a law of oblivion in these generall times of confusion : and the answerer of the london petition affirmed ●othing , but that their advise therein was likely to be most wholsome , which can hardly be contradicted . and the law is cleare enough that though the execution of law be farre intrusted to the king , and there is a dispensing power in him , so farre as he is supposed to be damn●fied or to be interested in the penalty ; yet where crimes have been committed against the whole state , the king ought not , and where particular men have been injured , the king cannot suffocate , frustrate , or deny justice . 't is against his oath , 't is against publike liberty to deny satisfaction by stopping execution . . but london is the most considerable part of the kingdome and the petitioners the best part of london ; and the most to bee valued in other parts , are inclined to the same request for peace , therefore the parliament ought to yeeld . when our adversaries please , they can alledge numbers for their advantage , as if the major part of the people were cordially on the kings side : when they please they can give you reasons why the major part of the people are inchanted , and therfore cannot be on the kings side ; yet we all know the major part cannot be both for and against the king at the same time in the same case . besides divide england into . parts , and we doe not allow london to be the major of those three , and divide london into . parts , and the petitioners cannot make it appear , that they are full one third part ; this must be attributed to our replicants boldnesse meerly . that which is manifest , is , that most of the faulty , and decayed nobility , and gentry , are of the kings party , and so are the lees of the people ; but almost all of the yeomenry ( which is the most considerable ranke of any nation ) and a very choyse part both of nobility and gentry at this time side against the king and the papists : and it is impossible for any rationall man to imagine , that the king has not infinite advantages against the parliament , if his cause be generally apprehended , as the more just : but sense teaches us the contrary , that no king in the unjustest cause that ever was , had a weaker party then this king , considering what cour●●s he has taken . the king has an army , and such an army as is able to force and overawe all places where they lye , with swords drawne over the pesants : but cursed be that man for my part , that next after god , would not referre the arbitration of this difference to the publike vote of the people . and yet we know that there is a great deal of servilty in the people , and that for the most part , they looke no further then to present grievances ; like esau in his pottage bargain , chusing rather to dy for ever of a lethargy then to sweat for a time under a feaver . . all controversies are determined either by the dye of force , and chance of war ( for so nations have ever censur'd that kind of tryall ) or else they are concluded by lawes justly interpreted , or else there is a middle way ( which we call accommodation ) and that is commonly when to avoid the mischiefe of the sword , and the uncertaine intricacie of judgement , both parties by mutuall agreement cond●scend equally to depart from the rigor of their demands on either side , and so comply , accommodate , and meet together upon termes as equall as may be . whersoever then the word accommodation is pressed , ( as it is now with us in the london petition , for the word submission is not at all used ) 't is most absurd and contradictory to exclude a yeelding and compliance of both sides . see then the manifest unjustice of our replicant , who when the matter of accommodation onely is in treaty , yet urges u● to a meere submission , and taking it for granted that he is judge , and that he has determined the matter for the king ; therfore the king ought not to condiscend , or comply at all , or leave any thing to the parliaments trust , but must wholly be trusted in every point . . the king requires to have preserved to him for the future that compasse of royall power which his progenitors have been invested with , and without which he cannot give protection to his subjects . the parliament desires to have preserved to the subject , peace , safetie , and all those priviledges which their ancestors have enjoyed , without which they cannot be a nation , much lesse a free nation . now the militia and posse of the kingdome must be so placed , and concredited , and that the king may be as equally assured of it , as the parliament , or else without all accommodation the king must be left to the fidelity and duty of parliament , or else the parliament must be wholly left to the kings discretion ▪ or rather to the kings party . in this case what shall be done , the parliament pleads that the king has resigned himselfe too far into the hands of papists and malignants , from whom nothing can be expected but pefidie and cruelty ; the king objects that the parliament is besotted with anabaptists , brownists , familists , and impostors , from whom nothing can be expected but disloyalty and confusion . if the king here will grant any security against papists and malignants , the question is what security he will give ; and if hee will give none , the question is how he can be ●aid to s●eke an accommodation ; so on the contrary , if the parliament will undertake to secure the king , as that is granted ▪ then what must that securance be . i will now take it for granted , that the king ought to abjure for the secure the giving of countenance to papists , or being counselled or led by them in state matters ; as also to disband his forces , and that the parliament will doe the like , and abjure all dangerous schismaticks and hereticks . but for a further ●ye to strengthen this abjuration , and for a ●●curance against malignants , who are not yet so perfectly distinguisht on either side , what shall be the reciprocall caution or ingagement ? shall the king have all ports , ships , armes , and offices in his dispose ? shall the king assigne to what judges he pleases , the division of our quarrels ? or shall he trust his parliament in the choise and approba●ion of persons intrusted ? i will not dispute this , i will onely say , that the nature of an accommodation requires some condescending ▪ on both sides , and it is manifest injustice in the replicant to prejudge the same , as unbeseeming the king more then the parliament , and in all probability the parliament is likely to condiscend upon more disadvantageous termes then the king ; and is lesse lyable to be mis●ed , and lesse apt to break a trust , then any one man . . to shew that the parliament is disaffected to an accommodation , and the king not , & that therefore a petition to the parliament is more proper & seasonable then to the king . the replicant bitterly revil●s the parliament as having punished some for seeking peace , and as having rejected the kings gracious offers of peace with termes of incivility below the respect due to a king . what more damnable crimes can any man load the parliament with , then with rebelling against the king first , & after rejecting officers of peace with foul● and scandalous language ? yet this the replicant freely grants to himselfe ; and as if hee were placed in some tribunall above the parliament , where all allegations and proofes were utterly superfluous , he proceeds ●o sentence very imperiously ▪ for ought i know i am as venerable and unquestionable a judge in this case as hee is , yet i dare condemn nothing , but rash and presumptuous condemning of authority without proofes ; and for that i have scripture it selfe for my proofe . as for the kings comming to brainford in a mist , and during a treaty , and there surprising men unprepared , and retiring againe upon the drawing up of our forces , that these are instances of seeking peace , and shewing favour to the city is not so cleare to my understanding as to the replicants . . but sayes the replicant , you grant that the people may perhaps find out a better way of accommodation then you have done , and you allow them to petition when you fa●le of your duty : and this must needs overthrow the strongest and most popular argument of your innocence ▪ and authority . the parliament did never assume to have an absolute freedome from all failes or errors , nor does detract from other mens knowledge , it vindicates nothing more then to bee lesse obnoxious to deceit and perversenesse then other courts , and that the rather because it disdaines not any advise or reason from any parties whatsoever . . the answerer demanded from the petitioners a modell of an accommodation to bee framed by them , for the better help and instruction of the parliament . the replicant satisfies that demand . hee makes two propositions thus ; that the parliament shall as readily consent to the kings rights as the king consents to theirs . . that the reigne of queen elizabeth : may be the measure to determine those rights . in this the replicant is very reasonable ; for we freely submit to both his propositions : but he is not so politick as he thinks ● for a submission to th●se generall propositions , will not determine any one of our particular debates . let us be safe , as wee were in queen elizabeths dayes , and let us be secured of our safety by the same meanes , as queen elizabeth secured us ; that is , by shewing no countenance to papists ( much less● admitting them as counsellors , least of all as governors in her highest councells ) let wise men generally loved and revered sit at the councell table , and let the publick advise of parliament sway above all private ; let our lawes be in the custody of learned , and uncorrupt iudges , and let our militia be under the command of such renowned patriots , as shee preferred in her dayes ; and our accommodation is more ample , and beneficiall , then any we have yet desired . but our replicant will suggest , be you such subjects as queen elizabeth ruled , and king charles will treat you ▪ as queen elizabeth did her subjects : doe you right first to the king and the king will not faile to doe right to you . here is now the maine question indeed , which rightly solved , would solve all , whether these deplorable miseries , which have of late vexed and grieved our three nations , have rather hapned from the change of the people , or from the change of the prince . and most certaine it is future ages will conceive no great doubt , or difficulty to be in this question : but now it is mortall to dispute it : it is scarce lawfull to suppose any thing herein , though supponere be not ponere but by way of supposition , i will only plead thus : if the three nations have by i know not what fatall posture , and congresse of stars , or superior causes , declined from their allegiance , and degenerated into unnaturall obstinacy , and turned recreant , and contrary to the sweet genius , which was ever in their ancestors , they are bound to submit to the king & to put in him as full and absolute a trust , as our parents did in queen elizabeth ▪ but on the contrary , if miscarriages in government , and the pernicious counsells whereby our princes have been guided , have overwhelmed us in these inundations of blood , and mischiefes ; the alteration , and reformation , ought to begin first in the king , and he cannot expect that we should trust him so farre as we did queen elizabeth untill we are assured as fully of his protection as we were of queen elizabeths ; but suppose there have been ●aults on both sides , can nothing but the sword rectifie our faults ? i never yet heard that any prince was forced to a warre with any considerable part of his own subjects , but that he had an unjust cause , or might have determined the strife without bloud by some politick comply●nce if he pleased . it is not so common or probable in nature , for nations causlesly to rebell , as for princes wickedly to oppresse : and when armes are taken up on both sides , it is not so safe for subjects to yeeld , as for kings ; nor can subjects so easily reduce kings to a peaceable agreement , and cessation of armes , as kings may subjects for the sparing of blood . kings can make no composition almost dishonourable , or disadvantagious ; but subjects being fa●●e into the indignation of revengfull princes are necessitated commonly to this choyce , either to come forth with halters about their necks , or to fight upon great disadvantages . as rebellious as the subjects of rehoboam were , a kind , ●ay , a civill answer might have retayned them in their allegiance , and yet if their termes had been full of insolence , and their capitulations more unreasonable , yet salomon's councellors would have perswaded rehoboam to yeild to necessity , and to master that multitude by some finenesse of wit , which he could not tame for the present by violence ; and certainly he shewed not himself the son of salomon , that wo●ld not purchase an heredit●ry empire over a gallant nation by being a servant for one day , that would quit ●is own policy , because the multitude had quitted their civil●tie , that thought that complyance which should gaine a scepter more dishonourable , than that contestation which should absolutly forfeit one . how easy had it been for the great , the wise , the terrible philip of spaine , to have prevented the totall defection of so many goodly provinces in the netherlands : and if it could not have been done without something which is ordinarily accounted below , a k. would not that have been more honourably done by him , then the casting away o● so brave a dominion , a●d the casting after that so much blood & treasure ? that king of france was far wiser , and sped better , which satisfied himselfe in his strugling through many difficulties with this maxime , that a prince can loose no honour by any treaty ▪ which addes to his dominion . infinite instances might here bee alleadged , but they are needlesse . god send our king truly to represent these things to himselfe , and rather to trust plain , then pleasing advice . god open his eyes , that he may see how honorably , and easily he might h●ve preuented these calamities , and may yet stanch our bleeding wounds , and how much m●re difficult it is and u●safe for the parliament to compose things u●lesse he or rather his party be equally disposed to hearken to peace . h●● . the . was as wi●e ▪ as vali●nt , and as just a prince as ever was crowned in eng●and , and no prince ever had by experience a more perfect understanding of the english genius : yet he in his death be● ( where dissimulation uses to be laid aside ) in his last advice to his own son an ●heire ( whom it was not likely he wo●ld willingly deceive ) ●●ciph●red the english nation to be generally observant of their princes , and whilst they were well treated , and preserved in peace and plenty , most incomparable for their per●ect inviolable loyalty , but of all nations the most unquiet under such a ha●sh rule , which should render them servile , poore and miserable ▪ this he had abundantly prooved , and found true by the wofull deposition of his unpolitick kinsman and predecessor rich ▪ the . and his own prosperous , and glorious raigne , and many strange traverses of fortune , which throughout his whole raigne . he was forced to encounter withall . his scope therefore was to recommend to his sons charge this nation both as duti●ul● , and as generous , of whose loyalty he needs not to doubt , so long as his iustice was not to be doubted . o that this most excellent prince could bee againe summoned from his peacefull monument to repeate the ●ame advertissements in our soveraignes eares , and to justle out of his presence these bloud thirsty papists and malignants , which use all possible art to staine the peopl●s loyalty , and to candy over all his actions , intending thereby not to reconcile the people by procuring grace from the king , but to confound both king and people , by fostering enmity between both ? i will only adde this by such instigations , as our replicant and his fellow courtiers use , the king cannot be happy , but by the uncertainty of war , that is by making his subjects miserable : but such traytors as i am , if our advise bee entertained , propose to the king a more certaine way to happinesse by peace that is by making his subjects yet more happy ; but our replicant ●●ith , the king is willing to condescend to any thing , but you will admit of no reconciliation , except the king will remove those servants , whom he had found most honest and faithfull in his afflictions , and prefer you undeserving in their place . here is the grand knot indeed , we oppose such as have been the counsellors or instruments of such and such designes : the king , saith , they are his friends , and he cannot abandon his friends : 't is confest , the king ought not to abandon his friends , but the king m●y erre in the knowledge of friends : and as he ought to protect his friends , in whom he cannot err ; so he is not bound to protect such as he meerly thinks his friends , and in whom if he will beleeve the voyce of the people , he is very much deceived . we have as much interest in the kings friends and counsellors as we have in our laws , liberties , lifes , any thing , for we know we can enjoy nothing if the king shall owne those for his friends , whom we know to be our enemies , and account of these as good couns●●ls , which we know to be treasons against the state , that prince that will be arbitrary and rely upon his owne meer opinion , and discretion in the imployment of counsellors and ministers of state , having no regard to publique approbation therein , is as injurious altogether as he that will admit of no other law , judge , nor rule in the propriety and liberty of his subjects , but his owne brest only . it will be replyed , not fancy , but sense teaches this , that he that obeyes the kings commands , and fights under the kings standart is more a friend than he that disobeyes , and fight against the king : this is demonstration , no error can be in it . i answer no , 't is most false , scripture and reason manifest it to be most false . doeg did obey saul , when all his other servants denyed obedience , yet even in that obedience he made himselfe culpable , and his master abominable , whereas the other servants of saul were dutifull in withholding an unlawfull duty . so those souldiers which marched out after saul to take away the life of just and uncondemned david , they were instruments in a base disservice to saul , they are not to be justified for this service ; whereas those valiant men which accompanied david in his dangers and afflictions and were ready with their sword drawn to guard that innocence , which saul himself should have guarded are not to be accounted false to saul but true to david . and the meere presence of saul on the one side , did not make the cause unjust on the other side , nor if himself had fallen by rushing oftentimes , upon defensive weapons , could that horrid guilt of his death , have been imputed to any but to himself . cursed therefore , yea thrice cursed be these miscreants , which ingage the king in this war against the parliam not without hazard of his sac●ed person , if they be private persons and have not sufficiency to decide this great controversie betwixt the king and parliament . for my part i dare not pronounce sentence , neither for nor against the parliament , as the replicant without all scruples doth in all places ; but i may safely say , that if the king does , though in person , unjustly wage war against the parliament ; the e ▪ of essex and his army may far more lawfully fight in defence of that supreame court , than david and his followers did for the protection of one innocent private man . and taking the controversie as undecided , 't is not apparent who fight for or against the king , and the king may himself as lawfully claime to be sole supreme judge over all single and universal persons , and over all laws and courts , and in all cases whatsoever , as to claime any man a traitor for serving the parliament in this war ; and this if he claimes , what priviledge remaines to parliament , what limits remaine to the prince : what liberty remain●s to the subjects ? 't is not only then trayterous , but ridicul●u● in the replicant to assume that su●rem●cy to himself which is d●nyed to the king by condemning the parliament and justifying the kings party in all passages of this war , we wh●n we except against the k●ngs party , asperse not at all the kings person , and the law it ●elf makes ever a distinctio● betwixt the king and his agents : th●ugh our replicant will not allow any such severance ▪ but betwixt the p●rl●am . and its instrumen●s no such severance is except for the worse , for there pejor ●st author quam actor , but sayes the replic●nt . 't is the unhappinesse of the king that he hath a par●y ; 't is the fault of the parliament , he desires and ought to have the whole . see here 't is the parliaments fault that per●y , digby , winter , mountague ▪ cro●●s , killegrew , and many other of the quee●s devoted creatures are preferred in the kings favour before the parliament . and 't is the parliaments fault , that rivers , king ▪ and the titular cou●t of the ●alatinate with s●me other irish papists ●●●ly come over have the honour of the court , command of the cam● , and spoyle of the kingdom to reward them , whilst manchester , hambd●n ▪ h●llis , ●im , strod , haselrig , are designed for the ●l●ck , and that u●on such charges , as shall intangle almost all the most eminent gentry and nobility , as well as them , that this is the kings unhappinesse is aggreed , but that this is the parliaments fault is not proved by the replicant , and we are not bound alwayes to abate him proofes in matters of this consequence . d●ubtlesse we are likely to expect great performances from ●arliaments hereafter if it shall be guilt in them that they are rejected , and if they shall be rejected only because other more favoring cou●●iers pretend better affection to the kings private advantage . the actions of popish and malignant courtyers , cannot represent them more friendly to the k. than the parliaments . no honour or prosperity has followed hitherto therupon all their diff●rence is that their single professions of love are more credited , than such as are credited by the votes of the generality , and attestations of parliament . howsoever though many men do think , private advise and testimony , to be more valuable , and sit for princes to hearken too , then publick , i never till now heard , that it was a fault or blam● i● parliaments to be lesse valued or accepted then priva●e p●rsons . to what purpose is it said ? that the king ●ught to have the whole : it is our c●mplaint that the king will not accept of the whole : and it is the replicants complaint , that the king is not suffered to injoy the whole . this shall reconcile all : let the whole be received as the whole ; and every part as it is major , or minor be entertained in grace and equipage proportionably , and this difference is composed . but sayes the replicant , the kings party is the more just , and therefore to be preferred , and this is to be judged of by rule ; as thus , the parliament intrenches upon our liberty by imprisoning without cause , according to pleasure and claimes to be unquestionable therein : the parliament intrenches upon religion by committing our best professors , and planting sectaries in their stead , the parliament proceeds according to reason ●f state , not law : and this places an arbitrary power in them , a●d makes ordinances equall to acts of parliament . he●re in a breif su●me all that ever has been spoken , or can be spoken against the parliament ; and all this is grounded upon an ung●a●●ed proposition , that the parliament has no right to defend it self : for if it be lawfull for both houses of parliament to defend t●emselves , it must of necessity follow , that they may and must imprison , levye moneyes , suppresse seditious preachers , and make use of an arbitrary power according to reason of state , and not confine themselves to meere expedients of law . enough has been said o● this , 't is imp●ssible that any wise man should be opposite herein , and the kings party have more recourse ●o reason of state , and arbi●ra●y power by far than we have . but i● it be said , that the houses abuse arbitrary power in imprisoning , ●evying moneyes &c. cau●●l●sly ; this is a false calumny , and not t●●e granted without particular and pregnant proofes , of which the replicant produces none at all , were it not for this great noise a●d boast of arbitrary power , our academians would want matter to st●ff● their in numerable pamphlets withall : and the sillyer sort of malignants would want ●uell to feed their enmity . and yet we know , arbitrary power is only dangerous in one man or in a ●ew men , and cannot be so in parliaments at any time ; much lesse in times of publick distresse : for then it is not only harml●ss●● u●necessa●y . the house of commons without the other states hath had an arbi●rary power at all times , to dispose of the treasure of the kingdome , and wh●re they give away one subsidy , they may give ▪ and where they give ● at one subsidy they may give fifty times so much , and all this whether war or peace be . y●t when did either king or subject complaine of this arbitrary power ? nay if any parts of the kingdom have repined at the abuse of this arbitrary power , and refused to pay subsidys assessed by the house of commons , what kings would suffer it ? when was it not held a good ground of war ? so both houses have an arbitrary power to abridge the freedom of the subject , and to inlarge the kings prerogative , beyond a measure ; they may repeale our great charter , the charter of forrests , and the petition of right if they please , they may if they please subject the whole kingdom for ever to the same arbitrary rule as france grones under , nay , & they have often been with force and all manner of sollicitations almost violented into it : and yet notwithstanding all this , we are neither terrifyed nor indangered at all by this arbitrary power in both houses . to have then an arbitrary power placed in the peers and comm. is naturall and expedient at all times , but the very use of this arbitrary power , according to reason of state , and warlick policy in times of generall dangers and distresse is absolutely necessary and inevitable : but 't is a great offence , that both houses should make ordinances generally binding . they , which would take from us all meanes of defence ; if they could dispute us out of the power of making temporary ordinances h●d their wils upon us , for defence without some obliging power to preserve order , and to regulate the method of defence , would be vaine and absurd ; but this is but one branch of arbitrary power and reason of state , and to wast time in proving it necessary in times of extremity , if defence be granted lawfull , were childish and ridiculous . i have now done with the replicant , so far as he hath spoken to the matter , i shall now come to his emergent , strange , calumnious speeches , against the persons of such and such men , but this were caninos rodere dentes . i forbeare it , only rehearsing some raylings , which need no answer but themselves . the two houses are generally railed at , as guilty of rebellion against the king . all adherents to parliament are railed at , as anabaptists , separatists , &c. the lord major is railed at , for preventing bloudshed in the city , when the petitioners under the pretence of seeking for peace , had many of them plotted dissention , and this his office is stiled the stiffling of peace in the womb . the city preachers are railed at , for satisfying our cons●ie●ces in the justifiablenesse of a defensive war , for this they are charged to fight against the king in the feare of god , and to turn the spirituall militia into weapons of the flesh . the framer of the answer is rayled at for giving the petitioners just satisfaction in peaceable language . though his words be confessed to be softer than oyle , yet 'ts said , that the poyson of aspes is under his lips ; he is called a cataline , the firebrand of his countrey , whose sophistry and eloquence was fit to disturbe a state , but unable to compose or setle it . the judgment of all these things is now submitted to the world , what the intent of the petition was , in some master-plotters and contrivers of it , will appeare by the arguments of this ●ell replicant . whereby it is now seconded . that the name of an accomodation was pretended to force the two houses under colour therof , to cast themselves upon a meer submission , or to be made odious , and lookt upon as foes to peace , which was a scilla on one side , and charybdis ( on the other ) is here manifested . whether the answer to the petition favour of so much malice and enmity to peace , as this replication does , let indifferent men censure , lastly , whether the soule of that man which thirsts for a firme peace , may not dislike these practises of pretending to it ; and the soule o● that man which hates peace , may not make advantage of the name of peace , let all wise men proved and examine . finis . the manifold miseries of civill vvarre and discord in a kingdome by the examples of germany, france, ireland, and other places : vvith some memorable examples of gods iusitice in punishing the authors and causes of rebellion and treason / by h. p. parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) the manifold miseries of civill vvarre and discord in a kingdome by the examples of germany, france, ireland, and other places : vvith some memorable examples of gods iusitice in punishing the authors and causes of rebellion and treason / by h. p. parker, henry, - . p. printed by george lindsey, london : july the second, . attributed to henry parker. cf. blc. reproduction of original in thomason collection, british library. eng civil war -- early works to . a r (wing p ). civilwar no the manifold miseries of civill vvarre and discord in a kingdome: by the examples of germany, france, ireland, and other places. vvith some [no entry] a this text has no known defects that were recorded as gap elements at the time of transcription. - tcp assigned for keying and markup - apex covantage keyed and coded from proquest page images - pip willcox sampled and proofread - pip willcox text and markup reviewed and edited - pfs batch review (qc) and xml conversion the manifold miseries of civill vvarre and discord in a kingdome : by the examples of germany , france , ireland , and other places . vvith some memorable examples of gods iustice , in punishing the authors and causers of rebellion and treason . by h. p. london printed for george lindsey , july the second . . the manifold miseries of civill vvarre and discord in a kingdome . so many are the miseries of a land embroiled in civill warre , and so enterwoven one with another , that like fine shaddows in a piece of rich tapistry , they deceive our sight , and passe our imagination , as by wofull experience germany , france , and other neighbour countries hath been tryed and proved . and to begin with germany , who can be ignorant how much that empire hath suffered formerly in civill dissention among themselves in matter of religion , and since , yea at this present in the warres between the sweeds and themselves , that goodly and most fertile countrey wasted with famine , fire , and sword , now lying like a wildernesse , in many places desolate and uninhabited , so that not onely men , women , and children have dyed for very hunger , but also wild beasts in woods and forrests for want of food have perished . let me give you one onely example , which a follower of the right honourable the earle of arundell related unto mee ( presently after my lords returne from his embassage in germany ) at alburie in surrey , which is this , a poore man barefoot and bare-legd followed my lords coach to beg bread or other sustenance of him , while an hunger-starved fox followed this poore soule close , to get a piece of the calf of his leg to satisfie his hunger , which my lord seeing he relieved the man , and caused the fox to be taken up ( for so weake he was growne with hunger ) and to have something given him , but he dyed presently after , notwithstanding his belly was filled . many men and women in woods , fields , and high wayes were found dead , with grasse in their mouths ; so that what the sword could not devoure , famine did . now though ambition in generall , and private ends in particular , as title and supposed right in princes , sometimes malice and revenge , yet generally all is cloked under the cause or reformation of religion , as we may read in sleidan of those bloudy warres in germany made by the boores and the frantick anabaptists , and their fellows in munster . david , george , knipperdoling , against the princes there , and their lords ; but of all other let us cast an eye upon our neighbour france , and take a view of that flourishing kingdome , see how it hath been rent and torne in pieces ( as the willow-tree complained in the fable of her bowes and branches , which were lopt off to make wedges to rend her bodie ) by her owne childien , and the fruit may say of her bodie , what bloudy battailes have been fought between the protestants and papists , the king and the guisians . but i will relate in briefe some particulars , as i finde them recorded in their own histories , and by their own writers , beginning from the yeare , when that great and horrible massacre was committed upon the poore protestants by the king himselfe , the duke of guise , and the then queen-mother , of whom was then made that true and wittie anagram ; catharina de medicis regina mater , in me regnat thais , dira medaea circe . and whom th. beza in a witty epigram in latine in all respects compares with jezabell , saving that whereas the dogges eate-up and devoured jezabell , he thought verily shee was so bad that no dog would touch her ; vel canes ipsi respuant catharinam , be his words , but to our purpose , but take a view of some of her sonnes and the guise his prankes , for they were all of a knot . a marriage was pretended between the young k : of navarre and the lady margaret the kings sister , which was performed by the cardinall of burbon . upon the . of august in our lady church in paris , in the presence of the king , the queen-mother , the dukes of anjou and alenson , the prince of conde , and all the principall protestants : at what time was nothing seen but banquetting , tilting , feasting , nothing heard but musick so friendly salutations , all old rancor and malice between protestant and papist seeming utterly to be forgotten and buried ; and to this end the protestants were solemnly invited by letters and most loving messages from all places , by the king and his mother , a generall peace being before proclaimed . the admirall was sent for from rochell , where he was ( dissemblingly ) entertained by the k : in a most loving and friendly manner , who called him father at every word ; when the admirall kneeled , the king tooke him up , protesting and deeply swearing , he was the welcomest man in the world , and no day could happen so joyfull as that , wherein he enjoyed his company , &c. the citizens from all places flocked , from all parts to behold him ( for his wisdome , valour , and experience , he was of all wonderfully beloved and honoured ) his son teligni was much honoured & presented with great gifts , to the joy of the protestants , and the ( seeming ) griefe of the catholikes . but this faire day was quickly over-clouded , with the hellish and black clouds of murder and mischiefe , for as the admirall was going from the court to his lodging , he was shot & sore wounded with three bullets , as he went softly in the street , ( from a house where villemus stood , master to the duke of guises children lodged ) reading of a supplication . the king , being at tennis , threw downe his racket , seeming to be extreamly grieved , and taking with him his mother and two brethren , went to visit him , looked upon his wounds , ( for his forefinger was shot off , & with another bullet he was wounded in his left arme ) and told him , though he had the hurt and felt the paine , the dishonour was his , because he upon his faith and promise , had sent for him , vowing to secure him from all danger , & whosoever had done it or consented thereunto , should be severely punished ; the admirall answered , he knew the authors well enough , but left the revenge unto god , and because he knew not how long he had to live , he desired to speake with the king in private of matters of great importance , the king seemed to listen a while , but the queen-mother cunningly brake off their discourse , and upon saturday which was the . of august , the kings councell sat to examine the fact , seeming to take great pains to boult out the truth , but all in dissimulation , for the king seeing he had the admirall and protestants in a trap , in the dead of the night at the sound of a bell from the louure , harguebuziers were sent out and commanded to kill all that came in their way , cossy being their captaine , and breaking into the admirals chamber , one besme a ruffian finding him at his prayers upon his knees , asked him , if he were the admirall , he answered so i am called , with that he ran him through , another shot him into the brest with a pistoll , and the rest stabbed him with their daggers , and after threw his body out at a window into the street , this was the religion and fidelitie of the queen mother and her son to the protestants . an italian cut off the admirals head , and sent it for a present to the pope ; others cut off his hands and privie members , trailing his bodie up and down the street , hanging it up after at mountfaulcon their tyburne . this noble gentleman was , for his wisedom , policie , courage and constancie in professing gods truth one of the most excellent and famous men that ever were bred or brought up in france . now with this noble admirall were murthered in most cruel manner of protestant nobilitie , the count rochfaucout , a complete wittie and learned gentleman , dearly beloved for his wittie and conceited humour of hen. the . teligny de montrevill the amirals son in law , whose widow named lois , afterward william of nassau prince of orange , and father to henry now prince of orange married , and by which lady he had him . besides the baron of pardaillon ; of pilles ; soubiza ; and puviant all brave men , and all commanders : but to see the butcherie they made in the streets of men , women and young children , would have made an heart of marble to have melted , all the streets being paved with carkasses , nothing but weeping and wailing , and a wofull out-crie through the whole citie : there being slain above . persons , as well noblemen as gentlemen , presidents of courts , counsellors , scholers , praetors , preachers , physitians , merchents , handicrafts men , women , maids , and children , the king and queen with their brethren went in the evening to behold the dead bodies , amongst others , the honest queen mother would behold the bodie of soubiza stark naked , because she had heard ( she said ) that he was not able to get a child ; this most cruell and bloodie maffacre , plotted by her the duke of guise and her sonne then charles the ninth , was acted upon bartholomew day being the of august , anno . and it is worthy of observation , that this king so led by his mother was not past . years of age when he died , and dying , abundance of blood issued from all the open parts of his body , no question but by the just judgement of god , for the blood which he formerly had in such abundance shed . from paris let us go to sancerre , and after the sword shew the horror and miserie of famine . sancerre after it was besieged by the marshall danville , lieutenant for the king in languedoc la chastre , and the catholikes was brought in the beginning of the fourth civill warre to that extreme necessitie , that after they had eaten up all their horses , asses , dogs , cats , and the like , they were constrained to make meat of their skins , rosting , seething and broyling them upon gridirons like tripes , mice and rats were great dainties , and happie was he that could get them ; and yet more pressed with hunger , they made meat of their old shooes , horns , horses , and bullocks hoofs which had many yeers lien in the dunghill , and little children would broil and rost their leather girdles to fill their hungrie bellies ; roots , herbs , grasse and bark of trees were accounted for dainties . the father and the mother eat their own child which was starved to death , and for so horrible a fact were both burned . the famine in rochel was also very sore , but god did miraculously help them in their extremity , being even ready for want of food to yeeld up their town to the enemie , for he sent into their haven ( never seen among them before ) exceeding multitudes of muscles , cockles and small fishes , whereby they plentifully stored themselves in despite of the romish catholiques their enemies , for hereby the women , maids and children took courage and exposed themselves to all hazards , animating such as sought by cheerfull words and hardie examples , and one among the rest adventuring in the hottest of the skirmish , and seeing one of the catholiques slain , ran and took away his sword and harguebuz , which she carried in triumph into the town , saying , she had furnished her self with the spoils of her enemies . but we will leave france , and come home to the modern miseries of ireland , occasioned by their rebellion . the rebellion began in ireland upon the . of october last past , when the romish priests ( with whom the countrey aboundeth ) swore all the people to banish and drive all the protestants out of the land , if they resisted to kill them though they were their next neighbours and friends . in the north of ireland they killed man , woman and child , they arose at once in nine provinces of vlster , and at longhall they cut a bridge in two , and then took an hundred protestants english and scots , with women and children , and bound them two and two back to back , and then threw them into the rivers . within two miles of dungannon , which is the seat or dwelling of sir philemio ( or philip ) oneale , there dwelt a scottish minister whose name was maders , into whose house they brake in the night , and finding him within with his wife and children , they cut off his head and threw it into his wives lap , telling her there was a new-yeers gift for her . a scot walking upon the high way in the same countie with his wife and six children , they murthered the man and all his children , and his wife falling upon her knees , and with tears and prayers entreating they would spare her that she might bury them : they stabbed her to the heart with their skeines ( which are thick and long sharp pointed daggers , with dudgeon hefts much like unto cooks knives ) and threw her upon the top of the rest . in the town of machera in the countie of london-derrie , they killed a parish clerk and his five children , after they cut off his wives eares , whereupon she ran mad . if they met with any english , men or women travelling on the wayes , or in the woods , they would make holes under their chinnes , and hang them up on boughs of trees cut off and sharpned . young children and infants , they will teare quarter from quarter , as hounds would do a wild-cat , or the like vermine . they cut of mr. rowlcie a justice of peace his head in the countie of london-derrie , then turning up the back of the body , they stuck upon a stick the head in his fundament , and after set it upon a stake . with their darts , and before named skeines half a yard long , they stab and rip up the bellies of women with child , and then will not suffer them to be buried , but leave them for the woolves and fowls of the aire to devoure . some come from them that have the fairest quarter and mercie shewed them , with their hands , some with their eares , cut off , cleft down the shoulder , or with one of their eyes put out : silly women and young children , they will put into some old thatcht house , and then set it on fire , keeping them in till they be consumed to ashes . to relate all the cruell murthers and villanies of these base villaines , would astonish and terrifie the hardest and most inhumane heart ( i am perswaded ) of the veriest turk or jew in the world , neither can any beastly villanie be thought whatsoever , but it is committed among them , and these forsooth must be accounted the best of your romane catholikes , but i leave their punishment to god , and the valour of our english and scots now serving amongst them ; neither hath any countrey in the world been more plentifull in treasons then this , though we our selves have had traitors enough , whom god hath evermore cut off almost in the very execution of their treasons , i cannot stand to particularize the men , nor the manners of their severall plots . queen elizabeth had plotted against her . severall treasons , yet god delivered her out of all . let me conclude with the just reward of a traitor who betrayed the isle of rhodes to soliman , being so long and so bravely defended by lisleadam & the christians ; this traitor being a gentleman and a commander in that service , sent privily word to the turk , if he would advance him , he would help him to the possession of the whole island and castle . soliman promised him he would , nay more , he would give him his daughter in marriage with three millions of barbarie duckets for a portion : by his means the whole isle , town and castle were taken . he then being brought before soliman , was graciously entertained , soliman sent for his daughter most gloriously drest with gold and jewels of inestimable value ; daughter , quoth soliman , i have chosen this gentleman for your husband , therefore i charge you to love him , embrace him with all dutifull respect . and son , quoth soliman , because you shall see that i am every way as good as my word , in those chests ( which stood by ) there is the gold i promised you , and some foure dayes hence your marriage shall be solemnized ; no bashaw was in more honor then was this traitor throughout the turks whole armie . upon the third day soliman cals for his son in law , and tels him that he was a christian , and his daughter a musulman , or right beleever , and he feared they would not agree ; therefore , son quoth he , you must be stript of your baptized and uncircumcised skin , and laid all night upon a bed of salt , and if by the morning you can find in your heart to turn to her religion , she shall come to bed to you , otherwise you must lie as quietly as you can by your self . but he being fleied , & laid tumbling without a skin upon the bed of salt , which was a most cruell torment , died within an houre after : if all traitors to their princes and countreys were served with the like sawce ( especially those in ireland ) the world would be at a far better passe then it is ; which god in his appointed time will accomplish . and so i end this discourse . finis . of a free trade. a discourse seriously recommending to our nation the wonderfull benefits of trade, especially of a rightly governed, and ordered trade. setting forth also most clearly, the relative nature, degrees, and qualifications of libertie, which is ever to be inlarged, or restrained according to that good, which it relates to, as that is more, or lesse ample. / written by henry parker esquire. parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) of a free trade. a discourse seriously recommending to our nation the wonderfull benefits of trade, especially of a rightly governed, and ordered trade. setting forth also most clearly, the relative nature, degrees, and qualifications of libertie, which is ever to be inlarged, or restrained according to that good, which it relates to, as that is more, or lesse ample. / written by henry parker esquire. parker, henry, - . [ ], [i.e. ] p. printed by fr: neile for robert bostock, dwelling in pauls church-yard, at the signe of the king's head, london : . the last four pages are numbered: , , , . imperfect: faded print, staining. annotation on thomason copy: "feb: th "; the in imprint date crossed out. reproduction of the original in the british library. eng free trade -- early works to . great britain -- commerce -- early works to . a r (thomason e _ ). civilwar no of a free trade.: a discourse seriously recommending to our nation the wonderfull benefits of trade, especially of a rightly governed, and parker, henry c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion of a free trade a discourse seriously recommending to our nation the wonderfull benefits of trade , especially of a rightly governed , and ordered trade . setting forth also most clearly , the relative nature , degrees , and qualifications of libertie , which is ever to be inlarged , or restrained according to that good , which it relates to , as that is more , or lesse ample . written by henry parker esquire . {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . doing all things thou doest none : businesse too vast makes thee a drone . london : printed by fr : neile for robert bostock , dwelling in pauls church-yard , at the signe of the king's head . . to the right worshipfull john kenrick alderman of london , governour of the merchant adventurers of england . to the right worshipfull isaac lee , deputy of the said company of merchant adventurers residing at hamburgh . to all other deputies , assistants and members of the said famous company . worthy gentlemen : if in this brief argument ( which here treats of your charters , and maintains your priviledges ) there be any thing beseeming an advocate of yours : i desire the intire advantage thereof may redound solely to your selves . for indeed the merit of your cause is such , as would require an able orator : and when i first applyed my self to serve you herein , i perceived your interest was the same as the common interest of all merchants , and that could have no termination , but in the common interest of our nation : but if there appear any error , or fayler in these papers : if the workmanship be found too unworthy of the stuffe : i shall then desire of all my readers , that the blame may be onely mine : and that none but my self may suffer the least disadvantage by my defects , and disabilities . i am certain all wise , impartial judges will distinguish betwixt that which is mine in this weak peece , and that which is yours : and if they cast some disdain upon me for not pleading your cause , as i might : they will not proceed to a condemnation of your cause , for being no better pleaded here then it is . in queen elizabeths dayes a tract to this very purpose was printed by mr. wheeler ( a learned gent : that preceded me in this place ) were that tract now re-printed , perhaps our times would be better satisfied in this case . it came not to my fight , till after i had formed the lump of this , and given it all those rude lineaments almost , which it now bears : and i was induced then to persist in my resolution of finishing this , and not of retroceding ; the rather ; because i saw my stile and method varied much from his : because , the face of the times ( which has great influence upon the state and fate of merchandize ) was not the same when he wrote , as it is now : , because , his tract was in bulk more then twice , as great as mine ; because , he might give some light to me in some things , and i adde some to him in other things ; and so both might be more effectuall for the ends proposed by both , then either : because , if he was more satisfactory in matters of this particular company , i had some thoughts in my self , that i was more proper for the affairs of merchants in generall . these reasons kept from abortion this essay of mine at that time : but for how long a space it was repreived , i cannot prognosticate : nor do i much regard how soon its fatall houre approaches , so the businesse which it aymed at may survive , and prosper . gentlemen , my reputation in this case must run some hazard , and stand or fall , as the vogue of this age pleases : yet my intention is to be judged of onely by you ; wherefore let that onely finde your fair acceptation , and favourable construction , and that shall be a sufficient encouragement to hamb : decemb. . . your worships obliged , faithfull servant , hen : parker . a discourse concerning freedom of trade . man is taught by the rules of wisdom to begin at the end of his actions , and to give the first place in his intention , to that which is to have the last in execution . now the end of this discourse is improvement of trade ; and it being a thing of late much controverted by divers ; whether freedome in trading be a proper means , or no , to improve trade : these two termes ( freedome and trade ) must be the subject matter of this discourse . as for trade the word is plain , and needs no explanation : and the thing is as obvious to every mans understanding , and so needs no definition . i will therefore premise something very briefly concerning the value , and importance of trade , that my end here aymed at , to which my intention must needs give the precedence , may not seem inconsiderable to any : and then cursorily from my first terme , i shall addresse my self to my second . my lord cook in his commentary upon our great charter ( where the merchants contentment is so prudently provided for ) tels us , that traffick is the merchants livelihood , and that the livelihood of the merchant is the life of the common-weal , such as the king himself , and every subject of the land has an interest in . he observes also that the merchant is the good bayliffe of the realme , aswell to export native , as to import forrain commodities for the benefit and necessary defence of the same . this politick argonante in law amongst matters of law , thinks it no extravagance to deliver his judgement of matters in trade ; and if we rightly analyse his judgement herein , we shall finde , that not a word of it falls to the earth without its due weight . the merchant indeed has a great dependance upon him both of land and water men , and is often commander of great summes of ready mony ( greater then other men commonly though better landed , and estated can raise upon suddaine , publick exigences ) and so even in his gowne at home he is a proffitable member of the commonwealth : but look upon him in his imployment serving the state by his traffick , and so he is more then profitable , he is necessary to the well beeing , nay to the beeing of the state . those things which he exports conduce perhaps more to profi● , and things imported to securance : yet t is well intimated here that both exportation , and importation do conduce to both . native commodities more immediatly afford us treasure : yet treasure is as well firmamentum belli , as ornamentum pacis : and forrain commodities more usually are materialls for shipping , armes , supplyes in times of dearth , and distresse , &c. yet somtimes we retayle the same to strangers for gaine , and thereby convert them into ornaments of peace , as well as instruments of defence . how prodigiously did antwerpe formerly in a very few yeares aggrandize it selfe ? and what an excesse of splendor has amsterdam attaynd to since ? yet ( for ought i know ) nature has bestowde no more previledge upon those two townes whereby to advance themselves with such facility : then it has upon bristoll , & newcastle amongst us . sure then , the hollander and fleming may infuse this secret into us from that wonderous degree of opulence , and pompe , which both by trade have ascended unto ▪ that importation of exotick commodities , if subtilly managed , may become as great an improvement , as exportation is to other● it is visible in the hollander that the mines of perne are as serviceable to him , as to the poore iudian , that diggs in them that the f●●…rs of russiia are equally parted betwixt him and the muscovite : that the plaines of cots-would , and lemster do as well graze his sheepe , as they do the englishman ▪ and there was a time when the antwerpian might have boasted as truly , that arabia was his g●rdine , that spayne was his orchard , that norway was his forrest . that city ( t is true ) which abounds with commodities of its own , has an easier , & shorter way to prosperity then that city which is de●●itate of the like helps , and opportunities , and yet experience discovers daily to us , that some cities which have little of their own , being industrious , slowe with more abundance , and swim in greater supefluity ; then some other sloathfull cities , that naturally want nothing . hence is the difference betwixt the merchant and the husbandman , the husbandmans thrift is in vendendo , not emendo as old cato tells him : but the merchant has found out a way , how he may be emax , and vendax in the same thing , and often times the retaylor findes the second sale more beneficiall to him , then the first was to the proprietor . nay even the more unusefull crawmarys of n●rinburgh though they argue no thrift in them , that buy them at last hand , yet they also are no contemptible mines of gold and silver to those which make , or buy them for a second utterance . furthermore , if from merchandize it selfe , and these good bayliffes of the realme , which so actively purvey in all parts of the world habitable , and uninhabitable for treasure , armes , and all other things , that partain to pleasure , health , and necessity : if from them , we turn to the instruments , of their negotiations our ships , the wooden walls , and fortification of our state , of what respect ought these to be ? even these ( under god ) in times of peace prevent war : in times of war procure peace : in times of plenty they releive our friends abroad , in times of dearth they releive us at home . for examples , t is losse of time to offer any in this argument , every man can tell how stupendiously tyre , sydon , &c. of old , and venice , belgia and other latter signioryes have flourisht since by the gaines of merchandize , whilst their puissance , and magnificence has been more raised , and propagated by the merchant , then either by the husbandman , souldier , or scholler . t is admirable to see what vast revenues are purchast by some nations ( especially where democracy takes place ) out of meere commerce ; and how far other nations in the mean time ( especially such as are swayde by monarchs ) though more commodiously situated , and advantagiously qualified otherwise do neglect the same . the reason hereof may be , because in popular states the merchant usually has more share in administration of publick affaires : whereas in monarchies , those that have the charge of the rudder , have commonly little insight into trade , and as little regard of traders . howsoever either some singular happinesse has hitherto attended spaine , and portugal , or else doubtlesse the feats of merchandice have been in more then ordinary esteeme with their kings : for both these have not onely inriched their own homes by sea adventures , but also acquired thereby greater dominions then their own . for indeed besides those purchases which have been made in the east indies , we see in mexico , and peru , there is a new hemisphere adjoyned now to that old half world , which the assyrians , persians , grecians , romans with so much sweat , and blood laboured to subjugate heretofore . and if the sun find no degree in all his circuit , where he can obscure himself from the crown of spaines subjects ; the thanks thereof is due to the art of an old navigator : and probably had hen : . given as much credit to columbus as ferdinand did , either the austrian family had not spread its wings so wide , or the kings of england had not been so closely intrenched within the foure british seas , as now they are . but i purposely wave the ostentation of many , and great instances , and therefore the whole weight of this argument shall onely be hung upon the single epitome ( as it were ) of this pety jurisdiction here , wherein we now reside . all the land-intradoes , which tillage or pasturage yeelds to this town of hamburgh are not much more considerable then some gentlemen and esquires inherit in england ; yet the wilde ocean , as these restlesse copemen plow it with their fleetes , and harrow it with their nets ; ( though they creep into that too through a river , not wholly at their command ) is forced to pay them as great a tribute , and ample a rent as three the richest and goodliest counties of england are annually worth . neverthelesse england more abounding with all habiliments , and necessary accommodations of trade , and seeming to be as much courted by the circumambient sea , as any part of the universe , for want of incouragement to her merchants at home , and plantators abroad owes little of her grandour , and power to that element . forrein nations easily become greater gainers by trading into england , then the english can by trading abroad : 't is too probable , that forrein merchants reserve an intire gain to themselves out of all their own ▪ commodities brought in hither : yet share a half profit with us , in all our commodities exported hence by them . and thus whilest we leave many benefits to our emulous hostile neighbours , which by the same industry ( as they commendably use ) might by us be anticipated to our own behoof ; our own supine sluggishnesse is the cause that we remain so much the weaker , and our enemies become so much the stronger . thus much of the advantages of traffick ; thus much of the necessity of that noble profession , which teaches us to be the curious , & laborious marriners of all the worlds oceans , straits , and creeks ; if we have any desire to be more formidable to our enemies , or more aidfull to our friends , or more gainfull to our selves , this may be held sufficient . from the benefit , i come now to the freedom of trade : i mean , that particular degree of freedom , which is at this day pleaded for , and patroniz'd by some , that professe themselves no unfriends to trade . herein this method shall conduct me : in the first place , i shall inquire , whether that freedom , which is affected by these times can stand with due order , and discipline , or not : secondly , whether trade probably can flourish , or not , without due order and discipline : and in the last place , i shall answer such arguments , as are framed for liberty , and do militate against our order and discipline . liberty in a right acception , and understanding , is that which delivers , and exempts us from some evill noxious , and offensive to us ; such as is oppression , too much restraint , &c. but it includes not any wilde condition , such as leaves us loosly in all things to our own discretion . that famous roman , that had the happines to set greece ( in that age the eye of the world ) at liberty , and did break in sunder the yoke of macedon , when he saw in the people too much wantonnesse , and immoderation , he advised them to more continencie , and to retire into narrower bounds ; vt saltem meram libertatem non haurirent . herein he seemed wisely to distinguish betwixt that sheere , unmixt freedom , which uses to intoxicate us , and to bring detriment , and danger with it ; and that allayed , or mixt freedom , which god , and nature have made so sweet to all generous mindes : whose property it is ever , to set restraints to it self in some things , as well as to take restraints off from us in other . in politicks , there are free monarchs , and there are free subjects : and the freedom of monarchs is not incompatible with the freedom of subjects : for neither is it necessary to the freedom of a prince , that he should be unlimitable in all things , and beyond controll as well when he destroys , as when he saves : nor to the freedome of a subject to live absolved from all laws , and obedience . without all question , he is the freest prince that has the most power to do good , and the least to do harm : and he is the freest subject , who is to pay his obedience to the mildest laws , and indulgentest magistrates . so in ethicks : he injoyes the purest and most refined freedome in his own breast , which has the least furious passion to serve , and the least impetuous appetite to master ; not he that is becalmed , as it were , and finds no mobility at all in his spirit . the variovs luminaries in heaven have their distinct magnitudes , motions , and stations : and the blessed intelligences in the heaven of heavens ( nay even those spirits that are falne from blessednesse ) retain severall distances of power , place , and office . all these things prove to us , that restraint , and liberty , are relative things , and not to be accounted simply good , or simply bad in themselves . when restraint deprives us of that good which is in temperate liberty it degenerates into oppression : when it onely saves to us that good , which is in harmonious order , it is fully answerable to liberty . so liberty when it onely discharges us from that evill , which is in oppression , it approaches to the perfection of order : but when it dissolves all order , it precipitates us headlong into confusion . liberty is either intensive , or extensive , and both wayes it must be reduced to a just standart : for if it be in degree too void of temperature , and qualification the ruder sediment of the people cannot bear it , it strangely inebriates them : and if the degree of it be moderate , yet the dilatation of it to too many makes it incommodious . there are two vitious extreames in government ; the one is rigorous , and makes nothing lawfull , or safe to any : the other is remisse , and leaves all things free and safe to all : now by the consent of all ; that extreame , which straitens too much , is not so desperately ill , as that which inlarges too much . the reason is , because those which govern are fewer in number then the governed : and therefore clashing , and confusion ( which must needs inevitably follow , where all limits , and restraints are taken away ) is lesse dammageable amongst a few , then it would be amongst many . liberty therefore may well be compared to fresh waters , it is potable , and sweet whilst it endures a just confinement in the vaines and channells of the earth . but when it once refundes it selfe into the bosome of the briny ocean , it retaynes no longer its former relli●h . and even so we must censure of liberty by the last , whilest it produces good effects it remains liberty , the name and thing agree well : but when it supplyes to us no good at all , or bereaves us of some good greater then it supplyes , it remaines no more then the shadow , or meere misnomer of liberty . exempli gratiâ : if all land-inclosures were every where layde open , and all evidences cancelled , upon which mens private interests , and proprieties depend , many poore men would expect to have their conditions meliorated ; yet undoubtedly their expectations at last would faile them ; and together with community in all things a generall confusion of all persons , and things would breake in to the fatall destruction both of poore and rich . our common proverbe puts us rightly in mind , that he which dwells every where , dwells no where : that every mans interest is no mans intrest , & that every mans businesse is no mans busines : now this being true in matters of husbandry , and in all other interests , and negotiations , why should it not be as true in matters of commerce , for if agriculture generally be more necessary then trade : and if confusion in agriculture be more mischeivous then confusion in trade , yet by the same consequence confusion in trade ? is as mischievous to traders , as confusion in tillage would be amongst those that till the earth . thus much of the word freedome generally taken , i must now speake more particularly of that freedome , whose expedience , or inexpedience is so much question'd in the busines of trade . freedome and restraint are things opposite ( we see ) yet both admitting of severall degrees , and limitations , they are not so opposite but that some kinde of restraint may be reconciled to some kinde of freedome , for in as much as it is sometimes convenient to be restrained , though not alwaies , and from all things ; and sometimes it is inconvenient to be loosed , or inlarged though not alwaies , and from all things : in regard that restraint at sometimes onely upholds order , and liberty at other times introduces confusion : our mayne quaere , is onely this ; whether that restraint in trade which hitherto has been establish't amongst such and such companies of merchants , be conducing to order , or no : and whether that freedome of trade which irregular interlopers dispute for be the usher of confusion , or no . for the just discussion of this , the benefit of order , regulation , and approved discipline amongst merchants , is to be considered and brought into the scole of this hand , whilst the advantage of opennes , loosenesse , and unconfinednesse in trading is to be brought into the other . for out of all question , liberty is not to be poized by the meer sound of its name , but by the solid priviledges which it brings with it , & in like manner restraint is not to be rejected except one ly for the certaine , substantiall disadvantages which are found to accompany it . let us then draw up an exact ballance . the . benefit which we now injoy by our government , and incorporation is in things appertaining to gods worship , & the true religion : though we live amongst lutherans , papists , jews , mahometans , pagans : yet we have a free exercise of our religion , and in some places the ordinances are as duly , profitably , and comfortably administerd amongst us , as if we were in the besome of our own church . how much this priviledge tends to the honor of god , the propagation of the true faith , how much to the prosperity of trade ( godlinesse having not onely the promises of the world to come , but also of this life ) & how much to be bewail'd the want of the word , and sacraments is amongst our merchants in spaine , italy , portugal ; let all men judge . yet how this divine blessing can be continued amongst us , after that we are bound together by no links of association , but that we may trade at large arbitrarily where we list , how we list , and when we list , is worthy to be considered ; and i beleive all men who have a true sence , and tincture of religion in their hearts will consider it seriously . the next benefit is in matters of justice : though we are far distant from our own judges & courts , and cannot have timely recourse to the remedie of our owne laws , nay though we should otherwise be exposed to the snares , and rigors of forrein laws , and magistrates , we are now ( in matters where appeale is not requisite ) tryed by men of our own religion , of our own nation , and education , and such also as are present upon the place . all partners that enter into a joynt trade for the most part covenant here mutually , and voluntarily in all cases of dispute , and doubt to stand to the judgment of this court , i never saw any indentures hitherto without that expresse clause in them . nay even strangers here have often declined their owne tribunals , and submitted their cases to our decisions , and i never yet heard of any of them that departed not from our court fully satisfied both with our justice , and expedition : it cannot therefore be expected , that our own merchants which know so well what a priviledge it is to be judged by merchants , especially being present upon the place , and such as guide their judgments by the same merchants law , as is in force in england , should not set a great price upon this especiall priviledge . hen : the th . and hen : the th . were as wise kings as ever raign'd in england , and when the one of them granted our charter , & the other inlarged the same , the main consideration , which both of them had in their eyes , was the prevention of many mischeifs empeachments , & obstructions which at that time sensibly oppressed merchants , and confounded trade , ob defectum boni , & sani regiminis . a third benefit which we are now capable of by being incorporated into companies is , that hereby we are inabled to do many egregious works of charity , which by our disfranchisement would all be utterly lost , and extinguisht . the merchant adventurers are but one branch of the merchants of england , and the merchants here residing are but one branch of the merchants adventurers , yet how many hundreds has this branch sustained , and releived in cases of necessity ? and how many widowes , and poore families doth it constantly feed and refresh ? about yeers since , when the expedition of marquise halmilton had miscarried here in germany many , sick , distressed souldiers that were the wofull splinters of his broken ararmy came hither , and were not onely saved from perishing , but also shipt for england at this companies charge . m : ant : beding-field was then our deacon , and had the charge of the poores box , he is now a parliament man , and can averre upon his knowledge that this society issued no lesse at that time within months space then pound , for such devout purposes . a fourth benefit afforded by our present governments , is , that hereby we are render'd far more considerable instruments to serve and honour our own country , then else we should be , and that not onely in trade , but also in diverse other eminent , publick offices . as we are now imbodied , and compacted , we can by our common seales raise great summes of mony : we are in a qualification to entertaine princes , to oblige cities , to procure right , and timely intelligence , and sometimes to prevent publick misunderstandings : and so to merit much oftentimes of the nation , from whence we are . that formidable armado which in was designed to swallow us up , had inprobability been far more fatall then it was if it had been appointed sooner , and arrived when queen elizabeth was not so well appointed as it found her afterwards . and yet this is well known , that gr●sham and other merchants by taking up the monys at genoa , and our company by doing the like at keeler mart in holsteine : did so prevent philip that his invasion was retarded thereby for a whole year , and that retardment being so much to the disadvantage of spaine , and to the advantage of england , was under god a powerfull meanes of preserving us . charles the th . by calculation found that in antwerpe soules , and in all the low countries at least had a lively-hood , and subsistance from the english trade : wherefore when he was very resolute to bring the inquisition into antwerpe , and remained unmoovable against all other arguments , and supplications of that town : yet this motive , that the engl●sh company would be dislodged by introducing of that rigor , diverted him from his purpose . also when the same charles had transferred all his signiories , & dominions to his son philip , that branch of the merchant adventures appeared in gallant state to grace those solemnities , consuming above crowns in sumptuous furniture , shewes and triumphall arches . in the yeer . likewise the duke of alanson in the same city was entertained by english merchants of the same company , all bravely mounted on horse back , apparelled in black velvet , & most of them with brooches & chains of gold about their necks : for which they received thanks from queen elizabeth and the lords of her councell . the king of bohemia , and some of our kings nephews ( besides diverse embassadors ) have found some seemly receptions also from us here at hamburgh , and from our brethren at roterdam , upon severall occasions , but i forbeare prolixity in this point . an other excellent singular benefit of our government is , that thereby we are put into a capacity of injoying all that is good and profitable in union , and all that is good , and profitable in division withall . take away that order , and harmony that is now setled amongst us , and has been setled by all our kings , and countenanced by all our parliaments from hen : the th . till this very day , and as fully confirmed by this parliament as by any : and our trade will become instantly both stragling , and confused : and as a stragling trade will deprive us of whatsoever is good in union , so a confused trade will abridge us of all that is good in a due method , and distribution . this may be demonstrated most plainly in a military bodie : men well armed , and imbattaild , are of greater force , then drawn together in an unformed , undigested heap ; and when that shall be accounted an army of so many souldiers effective , this shall be despised as a rout of so many men rudely conglomerated , and thronged together . for 't is not sufficient that there be together in one feild a due proportion of commanders and souldiers , of horse and foot , of arms offensive , and defensive : all these must be severally ranged , and distantly imployed : the commander must move here , the souldier there , the horse must charge here , the foot there ; such a regiment must be assigned its post here , such a brigade must advance there : wise men know experimentally , that there is an art in division sometimes , such as in many cases gives life to union : and it is as true on the contrary : that the queintest division makes miserable musick , when it is not subservient to union . for let a battail be marshall'd in all its members , and parts according to the most exact rules of souldery either ancient , or moderne : yet if the trumpets sound contrary points of warre , if the superior commanders give contrary orders , if all these curiously fashion'd digestions , and divisions be not inspirited with one , joynt designe , which like the soul is to over-rule all the organs , what can be expected from this great , moliminous frame ? now if we make any doubt whether or no the use of tacticks be as great in mercatorian , as in military affairs let us come to neerer application , and bend our selves to consider , as well what the want of union , as what the want of distribution usually occasions amongst traders . union amongst merchants cannot be denyed to be of exceeding great importance , for in all places where we six our residence , we see , it makes as more valuable , and acceptable : whilest we are lookt upon as an orderly , united society , we are known to be able to make , or divert a trade in or from any one town , or province . how soon was bruges in flanders despoyl'd of its fame , and opulence after our company withdrew from it ? and how soon did antwerpe transcend bruges in fame , and opulence after our commodities were stapled in brabant ? when 't was too late , bruges , besides inlargement of former priviledges , could offer us moneys , and descend to strange intreaties for the wooing and winning of our return : but antwerpe had first prevailed with us , and having prevailed , it sent forth its magistrates to meet , and welcome us with processions . and well it was for antwerpe , that the english were so taken with their civilities , for in the space of or yeers , whereas it had , before it was our mart , not above foure able merchants , and six ships , it became the glorious magazine of all europe . the like instance might be given in stodt , and hamburgh , the same cause that now makes hamburgh rich , did once do the like at stodt : and the same cause that made stodt poore , may hereafter perhaps work the same effect in hamburgh . who sees not therefore that from the benefit which strangers receive from us , whilest we are thus associated , and made capable of marrying our company to them , arise those reciprocall obligations , and speciall dowries , as it were , which they by their concordates confirm unto us ? where we are unprofitable , we must expect to be held despicable : and what extraordinary profit can other nations expect from our merchants , when they appear onely as so many individuall persons , or stragling traders . the english had at the narre in leisland a good trade , and good sales for our native commodities for a while , but about . divers stragling merchants resorted thither out of england and so brought themselves , and their wares into great contempt . divers of them went about the town with cloth in their arms , and measures in their hands , and so when they had shamefully imbased our english draperies , to the disreputation of our countrey , and decay of themselves , the lords of the councell at the next parliament were inforced , for prevention of the like sordid , pedlar-like traffick thereafter , to comprise the narre within the muscovie companies charter . thus is union , or a politick association amongst merchants , beneficiall to the places where we trade , and by resultance beneficiall to our selves , and in the last resort beneficiall to our whole nation : for all these interests are so interweaved , that the benefit of the stranger is requited with the benefit of the english merchant ; and the benefit of the english merchant is to be regarded as the benefit of the english nation . for in some things that which immediately advantages the english merchant , advantages mediately the english nation : even as in other things that which immediately brings prosperity to the english nation , mediately brings prosperity to the english merchant . this is to illustrate the commodities which flowe from our union , now the commodities which flowe from a due distribution , and division in trade are no lesse visible . the whole world almost is now aptly cantoniz'd amongst several societies of our merchants , whilest some trade east , some west , some neerer , some further off ; and were it not for this apt partition , it would unavoidably fall out , that some mart towns would prove over-pester'd , or like a common of pasture over-layd , whilest others in the mean time would be left utterly unfrequented . and sure if the world were not spacious enough for a ●our traders , some pretence might be framed , why all men ought to be licenced in all places : but since the contrary is most true , and no man is so straited for want of roome , but that he may trade in some places to his own advantage , though he be bounded that he may not trade in all places to other mens disadvantage : nothing but an emulous desire to interfere with others , and to incumber trade could provoke men to be opposite to our regular distributions . i need not amplifie hereupon , t is enough that i further refer to the example of our thriving neighbours in holland ; whosoever will behold order in its beauty , and perfection amongst merchants there , he may observe them so politickly associated , and their associations so equally distributed , that no one impedes the other abroad , nor no one town ingrosses all trading to it self at home . hitherto i have instanced in the manifold expediences of order , and government , especially in matters of piety , equity , charity , and policy as well in relation to the common weal of merchants , as to the common-weal of england : now whether there be any thing in freedom of trading that can preponderate , and excell all these , i leave to all sober men to discern ; if there be , i wish it may prevail , and obtain a just preference before all these : if there be not , more need not be inferred out of these premisses : sober men cannot be affected with the name , or empty sound of a relative , that is rather to be judged by its circumstances , effects , and additions then by it self : sober men cannot but distinguish betwixt that true freedome which alwayes dis-inthrals us of some evill , and that shadowy ghost of freedome , which often denudes us of our greatest priviledges . i hope i have now discharged , what was to be expected from me in my first point , and made it apparent that the freedom in trade which is to be admeasured , and ballanced with all these expediences here enumerated had not need to be of large extension . it remains now that i come to my next head , and therein inquire whether trade be likely to flourish or no , being stripped , and robbed of all those powers and preeminences which our charters convey to us . i have hitherto lookt upon merchants as travaylers sojourning abroad , i must now come neerer , and looke upon them as very merchants , buying , selling , bartering , bargaining , &c. with other nations ; & from generall order , and harmony amongst merchants , i must come to instance in such , and such species of that order , and harmony , which has hitherto been so fortunate to them . and first let us looke into that provision of our government , which limits the education , and admission of apprentices , & though i have not leisure to cite all our rules concerning the same which are very many , & each of them very usefull , yet consider the sumum genus it self , see if the breeding of apprentices be not absolutely necessary . grant to all without exception an open license to trade at large , & who will indure the strict duty and bondage of apprenticehood ? and yet without that strict duty , and bondage , who can be sufficiently instructed , and prepared to gaine all those arts , and subtilties , which we know are absolutely necessary to all traders . in all sciences , and occupations breeding is necessary , but amongst merchants it is more then ordinarily necessary : for if divines may pretend somthing to divine , secret illapses from above ; and souldiers by their generall tacticks learned in one countrey , may be qualified for command in all countries ; and if agriculture be a skill that depends much upon naturall sagacity : yet with merchants 't is far otherwise . for unto a merchant not onely a breeding , but a particular breeding in such or such a place , in such or such a trade is requisite . he that is experienced to trade in russia is not thereby inabled to trade in spaine , and he that can deale warily enough with indians , turks and barbarians , is not alwaies prepared enough to cope with the jews , hans townes , and hollanders . questionlesse to license all men to trade without breeding , nay without the particular advertisements , and preparations of such a breeding is to send men naked into battell , and to render them up as a prey to vulpine , circumventing neighbours . i might here take occasion to commend the training up of our youths on this side the seas , as it is publickly advantagious , there being infused into them thereby somthing of the souldier , and somthing of the scholler , and indeed ( if i am not deceived ) there is commonly instilled somthing into them , that better qualifies them to serve the state , then what we see in meere schollers or souldiers . i wish our young gallants which learn in france to weare ribbons , and in spain and italy to be perfidious , and do worse things , did alwayes return home as much improved , and as well accomplisht as our merchants use to do . but this is not within my lists , and that thought shall supersede me . for our next evidence , we may appeal unto our many orders made to prevent , and reform , the ill and faulty making or cloth , and other english woollen commodities , without which orders all our manufactures would be falsified , and corrupted , and consequently our nation disparaged , all buyers of cloth at home , and abroad abused , and trade it self much desolated . at the sollicitation of our merchants , wholsome statutes have been enacted , and to second them strict proclamations have been publisht : and to back them the merchants have appointed officers , furnisht stipends , and applyed divers other preventions , that our draperies might be kept to their just measures , weights , and numbers ; yet we find all is too little . the clothiers begin to sophisticate of late more then ever , and all our power will be insufficient to withstand them ; except the state reach forth their helping hands yet further ; and do more exactly poize both our ends and pretensions . the clamors of the clothiers against the merchants priviledges arise chiefly from this offence , though they are commonly palliated with other pretexts , and t is a wondrous thing , that when they are sensibly gainers by transgressing laws , and we are as sensibly at a charge to maintain them , they should be so well , and we so ill interpreted . in my lord cooks opinion nine parts of ten of all our english staple commodities , are such as we sheere from the sheeps back , we had need therefore be carefull how abuses break in upon us in these commodities , and how we countenance those that are the abusers , and yet thereby discountenance the zealous reformers of the same . m : anth : wither is now a justice of peace about london , he was once imployed by the merchant adventurers besides others about reforming of these abuses , let it be inquired what a liberall yeerly stipend he obtained for the same . in the third place we may produce our many prudent orders against mis-shipping , whereby , first , the shipping of the kingdom is the better maintained , in as much as by our government it is not permitted to any particular men for cheapnesse sake either to ship in forrein bottoms , or in vessels of our own that are undefensible . secondly , by our regularity in shipping many fraudulent attempts of such as use to steal customes , bribe searchers , colour strangers goods , &c. are disappointed . thirdly , by the due observation of our rules , whilest we ship our goods hand in hand together we go stronger through the seas , are in lesse fear of rovers , and other dangers . we also are lesse injurious to our common trade , yea and to particular persons amongst ourselves : in as much as now we forestall not one another , nor bring down our common prices by the precipitate haste of some few ; by this means also forrein buyers are accommodated by their certainty , knowing in due season when to repair to our marts ; and we are not disaccommodated by our uncertainty , because we know when to sell , and when to forbear selling , and thereby we keep our commodities from being blown upon , either by having our . ware-houses too full at sometimes , or too empty at others . in the fourth place , the many cautions , orders made by us for the reglement of our sales may justly be here cited : by some of these , we are limited to such certain shew-dayes partly for our own ease , and partly for the buyers advantage . the cities of lubeck and bremen have lately been urgent with us to set more shew-dayes here at hamburgh then two in a week : but we seeing our trade no ampler , then it is at present , found the inconvenience of altring our shew dayes , and so denied them satisfaction in that point . by others of our orders we are restrained from giving gratifications to merchants or brokers , from all pety sales , and retails , which ( if allowed ) would reduce us soon to ignoble , vulgar pedlars : by others we are bound from giving credit without liquid bils , and specialties , also from pawning bils , or rebating under such a certain rate , and hereby we prevent ma●y suits with strangers , and many strifes amongst our selves . by others we are inhibited from allowing tare out of the mart town , or out of due time , or without due inspection : and we are all convinced , that were it not for regulation in this matter of tare , there were no abiding in germany . how our trade languishes in holland at this time by reason of oppression in matter of tare is known too well , our councell table in king james his dayes took notice of it , and sought the redresse of it : and sure our merchants hitherto have onely continued trading there , out of some hope of better times , and conditions hereafter , as husbandmen use to manure the earth in times of dearth , as well as in times of plenty . commissioners from lubeck and bremen seconded by the senate of this town have assailed us lately , and eagerly pressed us to allow the same tare , as is in holland , but our answer was resolute , that rather then to submit to such a thraldome we should be forced to abandon all trade in germany . many more instances then these ( if it were not for prolixity ) might be made : but as those which have any knowledge in merchandice will acknowledge these are matters of grand moment , and importance : so to other men that are ignorant , or carelesse of our affairs , more would be to little purpose . i will onely adde this , that as we injoy many conveniencies by being an united , imbodied fraternity , so by vertue of the same we are guarded and protected from many inconveniences . as we have a jurisdiction amongst us , we are inabled upon all new emergencies to contravene new devised arts of fraud , and circumvention in bargaining , selling , &c. by making new orders against them . also as we are a corporation , we are armed thereby with a competence of power to inforce , & execute our orders so made , and if any violence of forrein states , and potentates contrary to our intercourses , and treaties of amitie enterposes to our prejudice , or if any new tolls , imposts , or exactions oppresse us , we are in this posture better qualified to relieve , or vindicate our selves , then else we should be . a thousand private men intending their own particular interests as so many particular men , having no common purse , nor publick officers to solicite the busines of them all , cannot expect that authority with forrein states , nor hope to make so vigorous a resistance against oppressions and innovasions , as one hundred merchants may , that are closely linked , and cemented together under one , and the same policie . for want of such policie , all other nations were long since eaten out of their trade by the antwerpians , and esterlings , and had the merchant adventurers been destitute of those powers , and immunities which hen : the th . hen : the th . and other famous kings of england establisht amongst them , they also had been long since driven out of trade in like manner . one man is woolvish to another , as the old proverbe advertises , nay when bears will not prey upon bears , nor woolfes upon woolfes , man will scarce prey upon any other then man . and yet this notwithstanding private man to private man is not so unnaturall ; as nation is to nation : for amongst particular 〈◊〉 the primary lawes of our creation , which injoyne us to do as we would be done unto , and to be kindest to them that are nee●est in kinde , are not so totally abrogated to us , and eraced on of our consciences , as they are amongst nations . if there be any fiercer feude , and violenter antipathy then other , t is commonly seem amongst those states that are most consanguineous , and neerest conjoyned in other relations , and as for doing to other nations , as we would have done unto us ; that sems a ridiculous principle amongst stats-men , inasmuch as to do justice to a stranger when he is plaintiffe against a native , is no lesse reputed then to do injustice to a native : and to let slip any advantage whatsoever that is offered us of spoyling forreiners , is the same accounted as to spoile domesticks . republicks have no breasts , or seats where any such thing as conscience or true honour can reside ; were it not for fear of requital , and return of injuries from those that are injured , all people would be at the same passe , as argiers is now at . that bold roman that expostulated with alexander , why it might not be as lawfull for him to seize boats , as it was for princes to invade whole empires , seemed to conceive that the laws of nature extended to communities of men , as well as to individualls : but alas that would neither justifie his private roving at sea ; nor condemne alexanders royall roving by land . in matters of warre monarchies especially , and in matters of trade republicks , lay hold of all advantages , as if their patrimoniall rights were never bounded by any thing but invincible difficulties , and necessities , nor honour had any rules to measure things by but those of profit , and disprofit . this is the reason why the jewish lumbards are odious for their excessive gains exacted , and extorted out of all such as they contract with , and therefore are pursued as petty pirats : but the hollanders and hans townes for the same exploits done more publickly are extolled as great merchants , nay are crowned as glorious conquerors . we that live here in hamburgh , and our brethren in holland are too sensible of this : our often removals from one mart town to another , to ease our selves of insupportable pressures most fedifragously brought in upon us , have preserved that life in our english trade that is yet remaining in it : yet the vast expences of our removings have left us in a sad condition . this concludes my two first points : i am now in order to answer such arguments as are brought for a free trade , and such objections as are urged against our priviledged way of trading . the first argument is founded upon this maxime : bonum quo communius , eo melius : if merchandize ( say our adversaries ) be good for the common-weal , then the more common it is made , the more open it is layd , the more good it will convey to us . but all grant merchandize to be good ●rgo . ans. to detect the fallacies of this argument : we must confesse that this maxime is true of all such good things as are absolutely , or infinitely good : yet we may deny that merchandize is either absolutely , or infinitely good . for first , merchandize secundum quid , that is , if it be rightly managed , and regulated may be profitable to such a man , or such a state : but ( we all see ) that merchandize at sometimes , for want of good government , and order , undoes many private men , and in their undoing proves injurious to the state . secondly , merchandize may be reckoned amongst good things , but not amongst things infinitely good , therefore though the diffusion , or inlargement of it may bring profit to the state unto such bounds , and degrees ; yet this is no proof , but that there are bounds , and degrees beyond which it may not be diffused , nor can be inlarged without disprofit . those good things which are ample enough to satisfie all , may be extended to all , and the further they are extended , the more good they do : but trade is not of that amplitude as to satisfie all men in all places , and at all times , and therefore not within the same maxime . if there were in the fruits , and increase of the earth an over-flowing abundance to sustain all , and answer all mens desires without our labour and sweat , then hedges and ditches would be to no purpose : but since the earth is not so profuse of its favours , nor so immense in its revenues , we must maintain mounds , and terriers ; priority of possession , expence of toyl , purchase , &c. must be regarded , or else we shall all be soon at a losse . before the land of canaan was fully stockt , abraham and lot might intercommon freely , and graze their herds sociably in all places where they travelled ; but in processe of time , when their flocks became more numerous , and when consequently the surface of that milk-and honey flowing countrey began to shrink before them , they were both necessitated to journey severall wayes , and to provide for themselves more ●…x● , and distinct habitations . the water is a more unmeasured element then the earth , and therefore formerly it was ever held a common patrimony to all : yet since navigation is improved to this degree , even this also is now disterminated , and made subject to imaginary lives for avoiding of incroachments , and strife about fishings , &c. and not onely navigable rivers , but seas , and oceans begin to submit to particular proprieties , and to own the speciall prerogatives of such , and such signiors . lawyers say , cujus est solum , ejus est etiamusque ad coelum : wherefore if neither aire , water , nor land resist the laws of propriety , we cannot think the trade of merchants is a thing more emptie , and uncapable of limits and rules , then any of the elements : if our grounds may be pester'd with cattell ; if ponds may be over-stockt with fish ; if the several climates of the lower region be severally peopled , and frequented with fowl that seem to understand their severall seasons : we can hardly imagine that such a countrey , or such a mart town in such a countrey should not be over-charged with too great a confluence of merchants . second argument . that which seizes too great matters into the hands of too few , and so is in the nature of a monopoly , has been alwayes condemned as a preventing trade , and held injurious to the major part of mankind : but such is the trade which priviledged , and incorporated merchants drive , &c. ans. the force of this objection is , that if trade may not be set at liberty to all , yet it may be set at liberty to more then it is , except we will incur the name and blame of monopolists . in behalf of the merchant adventurers who have , i think , the fullest charters , & have ever met with the greatest oppositions , though i am not so well acquainted with other companies , i may with much confidence give these answers hereunto . first , though wools endraped be the main matter of our trade , yet we deal not onely in those draperies , but also in all kinds of wares , and , other merchandizes . secondly , neither doth our company alone transport these draperies : all other english merchants , nay the hans towns , and all other strangers in amity with the crown of england , at their pleasure may buy , and vend again all sorts of english wares that are fully manufactured , as uncontrollably as they bring in their own commodities . wherefore it cannot be said that this chief trade of the kingdom is ingrossed , or monopoliz'd by us in either of these two respects , for as much as our priviledges neither confine that trade to us alone , nor us to that trade alone . thirdly , the name of monopolists cannot be fixed on them in respect of the bounds allotted them for their trade : for by calculation we finde there are above persons free of our company , and from the some in france to the scaw in germany , ( the nihil ultraes of our commerce ) is no extraordinary proportion , for such a proportion of men , let the number of the merchant adventurers be compared with the number of all other merchants , and then compare this space of earth in france and germany with all the globe besides ; and it will soon appeare , that the confines of our trade are rather too narrow , then otherwise . some hundreds , nay thousands of our company that are capable of our freedome by service , or by patrimony are faine to leave their callings , & to betake themselves to other imployments : and necessity hath now taught us to confine our selves to a certaine stint of apprentices , in regard that our trade is too narrow for our traders , & therefore whilest we are inforced to break out , what can invite other men thus to break in , and to invade our precincts ? fourthly , the price that is set upon our priviledges cannot condemne us of monopolie : for if a sufficient number could not be admitted by service , or patrimony : yet the state hath left a door open for any that are qualified for trading to be admitted upon a meane , inconsiderable rate . any out port merchant might have had his freedome for . l. ster●ing , and any of london for . l. and those which neglected that opportunity , are yet capable for the double summe . fifthly , the stint which we set upon our selves in buying cloth cannot be objected to us , as savouring of monopolie : for first the whole company by common advice , and consent sets this stint for its own good ; and as the whole company best understands its own interest , so neither has it , or can it have any interest , but such as is consistent with the interest of the state . ly , the company had never resolved upon any such stint , but in contemplation of the narrownesse of trade : and so far is this stint from making trade more scarce , that it self was ordained meerly as some ease and remedie against the scarcity of trade . we know well that t is possible for some one merchant to exceed fourty others in purse , or credit ; yet sure it cannot be expedient for the common-wealth , that one merchant should graspe too much , and swell up to an excessive bulk , whilest fourty other merchants being over shadowed by him , can attain to no growth at all . thirdly , as the stint of clothes is now set , it remains larger then is made use of by diverse , the fourth part of our merchants scarce ever buyes to the fourth part of clothes that is allowable by the stint , wherefore it is a most indirect and preposterous thing to call that a monopolie , or straitning of trade ; which is the onely remedie against monopolie , & the meer effect of straitn●sse in trade . they which know the difference betwixt common certain , and common sans number ; and see how the husbandman in dressing his vine , makes it more fruitfull by paring away the luxuriant products of its fertility , wil easily judge by these stints , that the merchants were grown too numerous for their trade , and not that their trade was grown too copious for their mannaging . sixtly , as our trade cannot be called an ingrossing trade , or a monopolie in respect of any other of its priviledges or powers , so neither can it be accused thereof in regard of our covinous , false dealing in marchandize . t is true , our company in qu : elizabeths daies found much opposition from the hans townes , and in that bando which was procured against us , to remoove us from stadt , the main pretence was monopolie used by the english merchants , but for a further account of that matter , we are to be informed : that the hans towns had antiently by their great skill in merchandize , made themselves very famous , and procured to themselves priviledges in many countries . amongst other nations also that did priviledge them , the english was not the last , or least . in london therefore they had the steelyard assigned them with power to exercise merchant law there , for their own better regulation : and amongst many other old immunities , they were to pay for wares brought in , and carried out one and a quarter per centum custome , and no more . this custome whilest the cheife trade of the land was in wooll undraped , was no great losse to us : but after that the full art of clothing was made ours in ed : the ds . daies , and the wooll trade was almost quite decaied , our state found that it lost exceedingly by passing out cloth at the old custome , and that the hans towns priviledges were diverse otherwaies abused to our publick detriment . hereupon after some contests , ( ed : the th . raigning anno . ) the said priviledges were lookt into , and found both defective in themselves , and also forfeited by diverse breaches of conditions : the formalities of their incorporation were so voide , that none could safely contract with them , and therefore being detected of diverse injuries in colouring of forrein goods , not within the verge of their priviledges , and other falshoods : it appeared , that they were such an uncertain , misconstituted body , that they were not liable to any account , nor answerable for any trespasse . this procured a judgment to annull , and abrogate the hans towns priviledges , and in anno . under phil : and mary , our customes were improoved from . d. to . s. . d. per cloth payable by the english and . s. . d. by strangers , and this improovement did but equall the old custome of wooll undraped . till the death of q : mary , whilest spain and england were united , the hans townes seeing their profit so far impared , and trade in england in so good a measure advanced , gr●w sullenly envious , but durst attempt nothing . neverthelesse anno when queen elizabeth was at enmity with the spanyard , with more resumed courage the hans towns laboured to suppresse the growth of our merchandize : and therfore to make the king of spaine their abettor against us in germany , and the netherlanders , they made themselves parties against us in spaine , by furnishing armes , amunition , &c. thus some acts of hostility were done on both sides , queen elizabeth in a defensive way seized some of their ships sent to supply the spanyard , and the spanyard at their solicitation banisht us out of the low countries , and caused us to be interdicted germany also . anno . the english merchants being expelled out of the netherlands , contracted for entertainment at hamburgh for yeers : these yeers being expired , no longer residence could be had there , inasmuch as all the hans towns could not injoy us wholly to themselves , & for any one to injoy us , they thought it unequall , and prejudiciall to the rest . from hamburgh we remooved to embden , and there the same parties prosecuting and renewing their clamors of a monopolizing trade in the english , a new edict from the emperor anno . was thundered out against us . the grave of embden nothing troubled at this edict , sent his chancellor doctor moller , since syndicus of hamburgh to the spiers , who there defended the english trade against the slanderous imputation of monopolie , and for a while gave such satisfaction , that the emperours edict was not put in execution against us . queen elizabeth also in . wrote thus to the emperour , monopolium de quo hanseatici subditos nostros criminantur calumniae potius quam verae accusationis rationem per se ferre videtur . to wipe off this calumny , we can also instance in severall letters of attestation under the common seals of antwerpe , midlebourgh , embden , stadt justifying our faire , and just manner of trading : and if such legible proofs be not so available , wee could appeal to all the places where ever we resided , as so many visible arguments , prooving fully for us , that our way of traffick hath not been onely blamelesse , and just , but also strangely fortunate and propitious . from embden ( for the spanyard prevailing in freisland had now made those parts dangerous to us ) we betook our selves to stadt , and there we continued till . so desirous was each of the hans towns singly to have harboured us , if all jointly had not envied that single advantage : and being there then disaccommodated , . or . of the cheife towns under the states sent to invite us , and made offers of large accommodations amongst them . we may further take notice , that ed : the th . reserved for the hans towns after forfeiture of their priviledges , as ample a freedome of commerce , as for any strangers whatsoever : that queen mary restored the said towns upon ingagement that their inordinate trade should be forborne , and this ingagement being violated , she yeelded to a new treaty about a sit moderation of their intercourses . yet the hans towns did not onely neglect to send commissioners within the time perfixed , but at the same time publisht an edict at lu●eck , prohibiting all trade with the english , queen mary for her husbands sake was much a freind to the austrian familie , and for the austrians sake to these easterlings , and therefore she offered again another treatie in . but this offer was rejected likewise with an opprobrious pretence , that in england they could expect no competent judges of their cause . if they durst not trust their cause to england in q : maries dayes , because it was a monarchy , then they judged dishonorably of all monarchies : if they made no difference of monarchies , but diffided in it , because it was a forrein state , where they should not be their own judges , this reflects also upon all forrein states : but the truth is , they had an ill cause , and so were diffident of all judges , but themselves . howsoever queen elizabeth in . offered yet a new moderation , and this not accepted of from the beginning of her reign , she commanded they should be used here as her own subjects , and better then any other forreiners . this is also most certain , till she saw her subjects driven from hamburgh in . and an exaction of ¼ . per centum set upon all english goods at lunenburgh in . and all the english generally ill treated at dantzig , deventer , &c. and not onely her enemies of spaine assisted by them , but other princes also exasperated against her , she made little difference betwixt them and her own subjects . i hope this will be a sufficient justification of our english trade : and now since it appears , that this opposition was procured to us by strangers and enemies , that sought not to reduce us to a fair trade , but to eject us out of all trade : me thinks it should be very unworthy of any englishman to make use of the same objections . . arg : that trade which is not onely complained of by strangers , but natives also , and in all ages has encountred with so many complainants , is likely to be a monopolie , or some private , anticipating , indirect way of commerce : but such is that of all merchants incorporated by particular charters , &c. all priviledged merchants , especially the adventurers of england ( whose priviledges are lookt upon as so ample ) have had adversaries alwaies to wrestle , and contest with both abroad , and at home : yet this may be truly said of them ( as of cato ) they have been as often absolved , as accused : and their patrons have ever been far more honorable , then their adversaries . clothiers , interlopers , some officers of the outports , and court projectors have molested them on the one side : but on the other side parliaments , kings , privy-councellors , and the wisest of statesmen have protected them , and their cause ; and upon a full , and due hearing it continually appeared , that their friends had honourable , but their opposers dishonourable ends . as for the clothier , he stomacks much that he must be so strictly held to the statute , and may not digresse from the just weight , and measure , that is there set for his clothes . the interloper takes offence , that without contributing for himself , he may not injoy the benefits of that policy , which is maintained at other mens charge : that the same hedges which keep other men from trespassing him , should keep him from trespassing other men . the outport officer is prevented of some bribes , for stolne customes , false-colour'd goods , &c. by the regular shipping of our merchants , and by our ministers , which keeps too severe a check upon him , and therefore his indignation is raised . in the mean time the begging courtier , he finds it profitable for the common-wealth , that accusations should be favoured , and that all complainants should be heard : for whether the complaints be true or false , just , or unjust , profit comes in to him both wayes , and the innocent must gratifie him for his quietus est , as well as the nocent for his impunity . king james anno . found that his progenitors had been deceived in their grants to us , and therefore suspended and sequestred our priviledges : but in anno ▪ and . after that the merchants had been drained of , or l. and cockayns new project ( so obstructive to trade ) was falne to the ground of it self , the same ancient charters , and liberties were revived with more honourable testimonials then ever ; the courtiers were again sensible that king james and his progenitors had been well advised in their grants . the merchants adventurers long before the art of endraping cloth was introduced into england , had priviledges abroad from the dukes of brabant , and other potentates . edw : the d. having transplanted the manufacture out of the netherlands , for the better watering , and cherishing of it , confirmed to the said adventurers whatsoever had been granted in the yeer . by john d : of brabant . hen : the th . seeing the good effects of his grandfathers indulgence , added a more beneficiall and large charter of priviledges in feb : . h. . h. . edw : . and r. . were followers of that good example by severall ratifications , but h. . seeming to transcend all his predecessors in policie , and desiring to testifie the same by his care of merchants , proceeded further to dilate their priviledges , and preeminences . polydor virgil gives him this encomium : mercatores ille saepenumerò pecuniâ multa data gratuito juvibat , u● mercatura ( a●s una ●n●ctis aeque mortalibus tum commoda , tum necessaria ) in surregno copiofier esset . in his reigne ( enmities and hostilities interrupting our commerce with the burgundians ) we had a staple provided for us at calais ; and then under our own soveraigne , within our own dominions we saw our own fellow subjects as tenderly entertained with divers franchises , and indulgences , as if they had capitulated with a strange prince . since h. . all his successors have confirmed , or inlarged what was granted before ; within few yeers also this king ; and since that , this parliament in . have added strong ratifications , and that not without honourable acknowledgements of this famous companies services to the publick . moreover in the times of hen : . and hen : . some complaints were preferred by clothiers , &c. against the merchant adventurers : but after due examination , and hearing , the company had a favourable issue , and not onely obtained a fuller establishment of former charters , but also new expresse clauses against stragling merchants , and all other intermedlers , that might empeach , or disturbe their trade . other informations were under edw : . exhibited against the same company by some of their own brethren : but after the councell table had taken a full cognizance thereof , the two chief of the informers were committed to the fleet , and the rest were fined , and more strictly injoyned to submit to the companies orders for the future . the same informers also not so acquiescing , made new addresses to the parliament held after by queen mary : but the busines was soon quashed there also , and the accusers without further remedie dismissed . the like or more grievous complaints were revived by the clothiers , &c. in queen elizabeths dayes , but what event did attend them ? after that the cloth trade was set at liberty for a while , after that the george at westminster was made as free a mercat for cloth as blackwell-hall in london , and upon triall the poore people of wiltshire , glocestershire , &c. saw their miseries not relieved , but increased by dissolving the company of merchant adventurers : the lords of the councell anno . eliz : to prevent mutiny in those parts , were fain to send for the merchant adventurers , and desire them cheerfully to proceed in their trade , to which no countenance , nor assistance from them should be wanting for the future . alderman cockayns project in king james his dayes was guilded over with a more specious pretext then that in queen elizabeths , and when our company was at that time dissolved , trade was not absolutely layd common ( as before ) without all manner of regulation : but to prevent general confusion ( which had proved it self continually so fatall ) a new company was erected , and incorporated : yet neither so could this project prosper , or subsist . king james in his proclamation anno . publisht for the restitution of our company and its and 〈◊〉 priviledges , ( after that the consumption , and miserable languishment of trade for above two yeers space had better instructed him ) attestated to the world the excellent method , and discipline of our ancient corporation , and now ineffectuall his 〈◊〉 looser jurisdiction had proved for the vending of our 〈◊〉 〈◊〉 manufacture . and it should seem this was susti●●●… 〈◊〉 〈◊〉 the world , yet the courtiers would not be so satisfied for they thought they had gratified the common-wealth in restoring the ancient company of the adventurers , and that they had grati●●● the merchant adventurers in restoring them to their due rights , and therefore to inclose by bargain for themselves a gratification of , or livre. was no ill office . there is another clog remaining upon our trade to this day , and it is continued still upon the same reason : the merchant adventurers at first were stinted to a certain number of clothes , which number in their exportations they might not exceed : now it appears since to the state , that that number was too strait , and that it is very inexpedient for trade to circumscribe our merchants rigorously with that stint ; and yet notwithstanding courtiers must be ●ill feed for releasing trade of this inexpedience . the earl of cumberland in queen elizabeths dayes was sweetned with a present for obtaining an inlargement of our stint ; but that present now is become a rent , and is successively granted by patent ; and though the patentee be a single person , and cannot be said properly to gratifie the common-wealth , yet he receives such a yeerly revenue in consideration that the common-wealth shall not be disserved : and this revenue it self being an incumbrance upon our draperies , and raised out of woollgrowers , clothiers , merchants retailors , and so charging trade in generall , is no lesse then a disservice it self to the common-wealth . thus we see our charters have been often times , and severall wayes attempted against : and yet if they had not been so much shaken , their power of resistance had not been so experimentally known ; for the more the anchor is straitned , the faster hold it ever gains . th . arg : since every man is presumed to be most knowing in that craft wherein he has been bred up ; we may presume the clothiers in matters of cloth to be more knowing then the merchant . ans. first , in the making of cloth we deny not but there may be more skill in the clothier then in the merchant : but the question here is about the uttering and vending , not about working or preparing of cloth : and therfore , it follows not that the breeding of the clothier does so much inable him to sell cloth , especially in great quantities , and that to forrein nations , as the merchants : but rather the contrary , even by the truth of the same granted rule . forasmuch as there is not onely an art and mysterie in the sale of cloth as aforesaid , but also an art more abstrase , eminent , and exquisite then that is which consists in the mechanicall way of making and dressing the same . secondly , the state is not to consider what is most beneficiall to the merchant , what to the clothier separatim , or whether the benefit of the one alone , or of the other be more to be favoured , but how they may be both favoured conjunctim , and how the state may be most benefited by twisting their interests both together . now then generall interest of the state requires that all our l●nificia , or english commodities be raised in price unto other nations as high as may be without injustice , or inconvenience , and that as many persons and professions in england as may be , may come to be sharers in the generall interest . if the question then be , whether the merchants interest , or the clothiers do more conduce to this publick reason of state ; sense it self will presently distinguish , that the merchants advantage is more compliant with the publick then the clothiers . for the clothiers ayme is to drown that gain , which the merchants industry and imployment now serves for , and which by his service is kept within the bounds of our own island , to the maintaining of so many families at home , and busying so many men , and ships abroad , and thereby to abridge the same the more to natives , the more it is publicated unto strangers . the hollanders are so subtill as to clog our english woollen manufactures with great impositions , and to free their own of the same , that the prices of their meaner draperies may be raised up to our better ones , or the prices of our better draperies may be beaten down to their meaner ones : but our subtiltie must be for the pleasure of our clothiers to intercept from the merchants all that livelihood which they now earn , and by vilifying of our own wares to prostitute the same unto strangers : nay and by the same means to expose themselves to the danger of having worse treatance from forreiners , then now they have from their own countreymen . thirdly , if more regard be had of the clothier , then of the merchant , or state , yet constant experience teaches us , that this favour and preference which the clothier challenges herein above the merchant , is no reall favour , nor preference at all . for it has been alwayes seen , that the setting at liberty of the merchants trade has proved more obstructive to the clothier then to the merchant , in as much as the merchant has a more large imployment , and can better subsist without the clothier , then the clothier can without the merchant . moreover as it doth not alwayes fall out , that the breaking up of the merchants trade brings any present quicknesse to trade : so if it doth , that quicknesse never ●a●●s ; 't is but bonum presens ; 't is but like cold water to a feaverish man , it procures some short refreshment , but repays that short refreshment within a short space after with a prolongation of sharper extremities . so it proved it in qu : elizabeths times ; so it proved in king james his times ; and so it is likely to prove hereafter : wherefore if men of mechanicall education will onely contemplate present things , and neither look forward nor backward , statesmen may , and must disaccommodate them for the present , that they may be accommodated the better for the future . th . arg : that power in private men which onerates the chief commodities of the realm with arbitrary impositions to maintain it self , is dangerous : but such is the merchants power , &c. ans. our companies ordinary charge is scarce considerable in respect of the great summes we deal for ; and the extraordinary charge is alwayes drawn on by some extraordinarie , unavoidable inconvenience : for example , the removals of our residence from one mart town to another is commonly a great burthen to us , but that burthen is undertaken to avoid some greater detriment , and without it either we should loose old priviledges , or be made to submit to some new exactions : or be some other way aggrieved in a worse degree . now this is for the common good , and we may rather expect favour from the kingdom , then disfavour for such services . secondly , we have a bill now in the houses , prepared for his majesties assent , and in that bill the future impositions of our company are reduced to a certaintie . thirdly , there is an absolute necessity of these impositions , for neither can our trade prosper without government , nor government be maintained without some charge : neither is our government necessary onely for our selves , but also for the clothier , for as much as we are a good skreen , or bank betwixt the merchant stranger , and the english clothier , and were not the prices of our clothes kept up by us , and that partly by the charge of our government , the clothier would be more inslaved to the stranger , then now he is . lastly , our accounts are kept most exactly , and audited punctually , and the hands through which all things passe are so many that there can be no error , nor fraud . the hans towns in germany , anciently . in number , found it expedient to incorporate , and maintain a common correspondence : for which end lubeck of the wendish , brunswick of the saxon , dantzig of the prusse , and cullen of the westphalish towns was appointed to be chief ; and the chief of all was lubeck . these towns so united for adjusting all common , and particular interests obtained severall places of residence in england at london , in norway at bergen , in russia at novograde : in the netherlands at antwerpe : and in each of these residencies they had their alderman , assistants , secretaries , treasurers , stewards , and other officers , by whom their publick affairs were administred , and merchant law was exercised . wherefore if the expence of their government was more then countervailed by the benefit of their unity ; and if they were gainers by that expence , why should that be imprudent in us which was prudent in them ? or why should that be dammage to us , which was profit to them ? the ordinary pleas for freedom are thus answered , and the objections against reglement in trade removed ; we will now onely re-inforce all that has been said in a word , or two . the most solid glory , and magnificence that ever dazel'd humane eyes upon earth : was that of solomons royall court , at that time , when his unparralleld wisdome had made silver as stones in jerusalem , and cedars as vulgar as sycamores used to be in other places . t is written of his raigne ( by an inspired author ) that it made silver of no account , that in one yeer there flowed into his exchequer talents of pure gold ; that besides all his masses of ophir gold , he abounded with other various treasures , precious stones , &c. such as the merchants of spices , the governours of the countrie , and the kings of arabia did import . solomon was no warriour , nor born lord of many nations , nor did his jewish signiory extend it selfe over any large tract in the universe : t is onely written of him , that he had at sea a navie of tarshish with hirams , & the same navie once in years returned home fraighted with gold , silver , ivory &c. hiram being hitherto straitned in the mediterranean seas , could not gaine the stronds of arabia , persia , india , china , &c. without incompassing the capes or africa , and crossing the suns torrid line : but upon terms of partnership solomon is now able to let him in to that southern ocean by a way far more compendious . pharaoh on the further side of the red sea is solomons neer allye : and the edomites on this side are his tributary servants : hereupon things ▪ are so composed betwixt the jews , and tyrians , that it is as beneficiall for the tyr●ans to serve the jews with their skill in astronomy , and hidrography , as for the jews to serve the tyrians with their harbours , and ships . therefore the queen of sheba ( till her eyes were ascertained with substances ) might well withhold her beleife from entertaining , that stupendious report which was blowne about the world concerning solomon ; and well might her spirit after sinke within her , when her eyes had once encountered with the radiant majesty of solomon , whereby the blasts of fames trumpet were so far drowned , and transcended . of all solomons successors we read of none but jeh●saphat , that ever thought of rigging new navies in ezion-geber ; and he neverthelesse though he had the edomites his homagers , and was also much renowned for his wisdome , and grandour , found this designe unfeasible , and the way to ophir altogether unpassable . this is a cleer chrisis to indicate how profound the judgment , and how broad the comprehension of solomon was , before whom ( till apostacie had alien'd his god from him ) no difficulties were able to stand : yet 't was not so admirable in solomon , that he amassed such incredible treasures , as that he amassed them by peacefull arts , and not by the dint of his sword . the tragicall exploits of alexander , and caesar , may be accounted magna , & splendida latrocinia , if they be compared to the feats of merchandize exercised by solomon and the other kings of tyre and arabia ; and yet we may doubt too , whether the spoile of the east to alexander , or of the west to caesar were equall in value to all solomons cargazoons . whilest the cruell●d predations of war impoverish , dispeople and by horrid devastations root up , and so shrinke ( as it were ) great empires into small provinces : merchandise on the other side beautifies , inriches , impowers little states , and so alters their naturall dimensions , that they seem to swell , as it were , into spacious empires . this martiall hero has inscribed upon his statue : that he has fought so many picht battells , that he has ●●th his rapid lightnings spread a suddain conflagration over so many kingdomes ; that with the losse of fellow souldiers he has purchased the slaughter of enemies , at least such as he would needs make , and stile his enemies . but in the mean time that gentle unbloody prince which by his severall dispersed carricks visits each climate of the world onely to plunder the earths caverns of her mettalls , or the rocks of their diamonds , or the deepe it self of its pearles ; merits to be celebrated for the common benefactor of mankind , aswell for the necessaries which he convaies unto other nations , as for the more pretious wares ▪ which he recovers out of the darke abisse of nature , and relades for the use of his own subjects . howsoever this one instance of solomon ( to lay aside all other instances of princes , that have engaged themselves in such like mercatorian negotiations ) makes it plain , that the most majesticall of all kings that ever raigned , was the most ample adventurer that ever traffickt , and that he had not been so great a prince , if he had not been so ample a merchant : for it is more then probable that al the tributes of judea were inconsiderable in comparison of the returns which tarshish did afford . it must needs follow therefore from the same very instance , that the devouring , piraticall trade of war is not so honourable , or so fit to magnifie princes , and make happie nations , as that ingenious just art of commerce , which may be exercised without rigor , or effusion of blood . i shall then close up all with this application to our own nation : if merchandise be truly noble : if the raies which streamed so plentifull from solomons diadem were more supplyde by traffick , then by tribute ; let not england totally neglect merchants . let us look into the causes that make trade so dead amongst us at present , and the fittest remedies that possibly may recover it . in the east indies we know who they are , that by cruelty have opprest us ; in russia we may take notice who they are , that by subtilty have supplanted us . here in germany our priviledges are ill kept ; in holland they are worse . in many countries the manufactures in silkes , and cottonwools increase . in high , and low germany the store of sheep is increased , and of late the kinde of them especially in silesia is much improoved , hereby , and by the help of spanish woolls , nay of english woolls too , & fullers earth daily exported against law , our english draperies are extreamely brought low . the late obstructions and calamities of civill war in our kingdome , concurring with other annoyances done us by the kings agents abroad , and millitary commissions upon the sea , have added more to our ruine . moreover , in other things the times seeme to looke towards a reformation , but in matters of trade order and regulation it self is opposed , and confusion under the name of liberty is now more then ever publickly pleaded for . the king by his proclamation had formerly a ●etted his progenitors grant to us , and the parliament lately has corroborated the kings proclamations , yet nothing can secure as against intruding interlopers . by this meanes merchandize is brought to a low ebbe , ships yearly in former times did attend us here in hamburgh , now . are sufficient to supply us , and though our company be in this consumption ; some other companies waste away worse then ours . all these mischeifs perhaps are not remediable , yet let us use the best remedies we can , and such as are most seasonable . in platoes opinion those common-wealths were most likely to prosper where learned men ruled , or rulers were learned . within the circle of platoes learning let us comprehend the mysteries of commerce . in solomons dayes that kinde of learning did wonderfull things towards the advancing of states ; and of late as venice a city of merchants has been the bulwark of europe against the turk : so the seates in the united provinces by trade more then arms , have gotten the sword of arbitration into their hands . spain , and france , and other nations no ware fain to court those merchants , which not long since were belowe their scorn . let it then be lawfull to propose : either that a certain number of able merchants may be made privy councellors : or so many privy councellors specially designed to intend matters of trade ; or let some other h●●●●●… councell be impowred solely ▪ to promote the common weal of merchants . by the king . a proclamation for the better ordering the transportation of clothes , and other woollen manufactures into germany , and the low-countreys . vvhereas we have taken into our princely consideration the manifold benefits that redound to this kingdom by the manufacture of woollen clothes , and the transportation and venting thereof in forrein parts : and finding how much good government , and managing the said trade in an orderly way will conduce to the increase , and advancement of the same : we for the better settling of order therein for the time to come , have thought fit with advice of our privy councell , to declare our royall pleasure herein : and do therefore hereby strictly will and command , that no person , or persons , subject , or subjects of this our realm of england , shall at any time from and after the feast of purification , &c. now next coming , ship , transport , carrie , or convay , or cause to be shipped , &c. either from our city and port of london , or from any other city , town , port , haven , or creek of this our realm of england by way of merchandice any white-clothes , coloured clothes , clothes dressed , and died out of the whites , clothes called spanish clothes , bayes , kersys , perpetuanoes , stockings , or any other english woollen commodities unto any the cities , towns , places in germany , or the . provinces of the netherlands , save onely , and except to the mart , and staple-towns of the fellowship of merchant adventurers in those parts for the time being , or to one of them . and further , to the end that the said trade may be hereafter reduced , and continued in an orderly and well govern'd course : we do hereby declare our royall pleasure to be , that the fellowship of merchant adventurers shall admit into their freedom of their said trade all such our subjects dwelling in our city of london , and exercised in the profession of merchants : and not shop-keepers , except they give over their shops , as shall desire the same , for the fines of li. apiece ; if they shall take their freedom before midsommer next ; and that the said fellowship shall likewise receive and admit into their freedom such our subjects of the outports of this our kingdom , as being exercised in the trade of merchants shall desire the same , paying them li . apiece for their fine or income : if they shall take their said fredom before michaelmas next ▪ and that the sons , and servants of such as shall be so admitted , as aforesaid , shall pay to the said fellowship at their severall admissions thereunto the summe of — — . apiece . and that all such persons , as shall not accept , and come into the said freedom before the dayes herein prefixed , shall pay the double of the fines before limited respectively , in case they shall afterwards desire to be admitted into the said fellowship . and our further will , and pleasure is , and we do hereby command and inhibit all , and every of our subjects , not being free of the said fellowship of merchant adventurers , that they , or any of them shal not presume to trade in any the fore-named commodities into any the parts or places of germany , or low-countreys from or after the said feast of purification next ensuing , upon pain of our high displeasure , and of such punishments as our court of star-chamber , whom we especially charge with the execution of our royall pleasure herein , shall think fit to inflict for such contempts . white hall : decemb. . . of our reign . ▪ die . merc. . octob. . an ordinance of the lords and commons in parliament assembled . for the upholding of the government of the fellowship of merchant adventurers of england , to the better maintenance of the trade of clothing , and woollen manufacture of the kingdom . for the better incouragement and supportation of the fellowship of merchant adventurers of england , which hath been found very serviceable and profitable to this state : and for the better government , and regulation of trade , especially that ancient and great trade of clothing , whereby the same will be much advanced to the common good , and benefit of the people : the lords and commons in parliament do ordain : that the said fellowship shall continue , and be a corporation , and shall have power to levie moneys on the members of their corporation , and their goods , for their necessary charge , and maintenance of their government : and that no person shall trade into those parts , limited by their incorporation , but such as are free of that corporation , upon forfeiture of their goods . provided , that the said fellowship shall not exclude any person from his freedom , and admission into the said fellowship which shall desire it by way of redemption , if such person by their custome be capable thereof , and hath been bred a merchant , and shall pay livre. for the same , if he be free , and an inhabitant of the city of london , and trade from that port , or livre. if he be not free , and no inhabitant of the said city , and trade not from thence : and that the said fellowship shall have power to imprison members of their company in matters of their government , and to give such an oath , or oaths , to them as shall be approved of by both houses of parliament . provided , that all rights confirmed by an act of parliament , or ancient charters , shall be hereby saved . and the said lords and commons do further ordain , that withall convenient expedition , a 〈◊〉 shall be prepared in order to an act of parliament to be passed in this present parliament , for the further setling , and full confirming of the priviledges to the said fellowship , with such other clauses , and provisions as shall be found expedient by both houses of parliament . this ordinance to remain in full force , untill a bill or act shall be prepared and passed , according to the intent and true meaning of this ordinance . and it is ordered , that this ordinance be forthwith printed and publisht , that all persons concerned therein may take notice thereof , as appertaineth . jo : browne cler : par. 〈◊〉 : elsyng cler : par. dom. com. finis . the observator defended in a modest reply to the late animadversions upon those notes the observator published upon the seven doctrines and positions which the king by way of recapitulation layes open so offensive. animadversions animadverted. parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing o e thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the observator defended in a modest reply to the late animadversions upon those notes the observator published upon the seven doctrines and positions which the king by way of recapitulation layes open so offensive. animadversions animadverted. parker, henry, - . p. s.n., [london : ] anonymously published by henry parker. also published in the same year as: animadversions animadverted. caption title. date and place of publication from wing. annotation on thomason copy: "animadversions animadverted, or" at head of title; "aug: ". reproduction of the original in the british library. eng animadversions upon those notes which the late observator hath published upon the seven doctrines and positions which the king by way of recapitulation (hee saith) layes open so offensive -- controversial literature -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no the observator defended in a modest reply to the late animadversions upon those notes the observator published upon the seven doctrines and parker, henry c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion the observator defended in a modest reply to the late animadversions upon those notes the observator published upon the seven doctrines and positions which the king by way of recapitulation layes open so offensive . the animadversor hath attacht the observator , just like a weak and degenerous enemie , that durst not encounter his adversary in open field , but lodgeth himself in some obscure and ignoble passage , to attempt at least upon his arriere-guard , not being able to pierce into his main body . the ingenious peruser of both , i doubt not , may discern that the observator in the conclusion of his treatise only recapitulated seven results out of his majesties papers , in contradiction to his antecedent disquisition , & the parliaments proceedings , that so one might compendiously view the subject of his discourse , and as it were by an index find out the confutation of his majesties positions , by the fore-going arguments of the book , which the animadversor very cautelously is pleased never to take notice of in the whole discourse . . in the first position , the animadversor grants the observators arguments for the declarative power of parliament in respect of the safe residence of that power in the bosome of the jutelary assembly ; but with this restriction , that he should have allowed the king his place in parliament , and not have named a parliament without him . but how could the observator without affronting impudence speak otherwise ? seeing his majestie in present is pleased actually to have his residence out of parliament , and will not allow himselfe a place in it ; but in stead of concurrence with it , seeks the remotest distances from it . the better therefore to see how the king and parliament are in parts , we will first negatively and then positively open the present controversie betwixt them , which is the cause of their disjunction . which in the first place is not this which most men conceive , that when his majestie shall agree , and the parliament likewise agree , for establishing some new law , or interpreting some old , which may be for the particular commoditie of some conditions of men onely , in the common-wealth ; whether then the king ought to declare this or that to be law exclusively of the parliament , or the parliament doe the same exclusively of the king : but positively it is this ▪ when there is visibly a danger readie to confound the whole common-wealth , and consequently all particular commodities and persons , whether the state if then convened , may not lawfully of it self provide for its preservation , especially if the king either see not the danger , or seeing it , will not provide for it in such manner as may give best securitie to himself and common-wealth : when therfore such a question shall justly arise betwixt king and common-wealth ( which collectively is that we call a parliament ) it being of publike interest of state , and so de jure publico , it cannot fall under the examination of any inferiour judicature ( with which those so known voted lawes , the animadversor speakes of , are to be found . ) for that is furnisht only with rules of particular ( not universall ) justice , for the decision of particular differences betwixt this or that man , for this or that thing . which rules being too narrow for so capacious a subject , we must recurre to those that the originall laws of nature and policy hold out to us , which must needes be superiour to the other . the chiefest rule of that is , ne quovis modo periclitetur respublica , that by all means publike safety be secured : and every state must principally endeavour to hold fast and sure our publike sociable incorporations one with another from publike distresses , calamities and destructions , which may arise from our selves or other forraign kingdoms : and whilest that is done according as natures lawes and policy prescribes in vniversall justice , they may well in the mean time proceed to make or revile lawes of particular justice , which is of particular things , whereby we may commutatively encrease our fortunes and estates one by another , or by forraign commerce . but if those that fit at the head of the common-wealth shall let loose the helm of it , and so let it float at all hazards , or else unadvisedly steere it directly towards rockes and shelves , it selfe is bound by those originall lawes ( which surely may be some meanes ) to save it self from a wrack : and how the king is not invaded or wronged by having himselfe and his kingdome preserved from imminent danger , and how it is possible a king may ruine his kingdom , follow in its just place . in the meane time from these premisses we prove that the parliaments method is most excellent ; for in the first place it endevours to secure the being of the cōmon-wealth now floating at hazard ; and afterwards to apply its self to quicken particular laws for our wel-being . now therfore the fundamentall law which the animadversor so hotly cals for , & the parliament squares by is not such a one as ( some say ) was never known before it was broken ; nor ( as he saies ) lies mentally or parliamentally in the wals of the parliament house to be produced upon any emergent occasion : but is such a one as is coucht radically in nature it self ( and so becomes the very pin of law and society ) and is written and enacted irrepealably in her magna charta , which we are not beholden to any sublunary power for , but belongs to us as we are living and sociable creatures . and no knowne act of particular justice or right to this or that petty thing , can clash with this , but must in equitie vail to it , as to its superintendent . for what can those particular acts of law , which are to encrease our private and domestick profit advantage us ? when it s doubtfull in so great dangers whether we may enjoy our lives at all , or no . it is therefore notoriously calumnious and inconsequent which the animadversor from hence affirms , that the parliament affects an arbitrary power , or the particular rights in ordinary course of justice , as also the safety of king and people must at all times totally depend on their votes exclusively of the king : which in the following position comes to be more fully disproved : which power we confesse with him can never be safe either for king or people , nor is presidentable . . posit . parliaments are not bound to presidents ( saith the observator ) because not to statutes , viz. absolutely ; for the cause both of the one and the other is not permanent : and t is true therefore which the animadversor saith , that they are durable , till they be repealed , which had been to good purpose had he ever denied it , for he rightly attributes no more power to statutes then to other particular lawes , which ( as is proved in the first position , and further shall be in this ) cannot in his case stand in equitie , nor act beyond their power , and that contrary to the legislative intent , viz. to be a violation of some more soveraigne good introduceable , or some extreme and generall evil avoidable ; which evil otherwise might swallow not onely statutes , but all other sanctions what ever . and thus in respect of the effect , they may be said in some sort to repeal themselves . for really in such a case they become mortified , and can doe no more for us . for the parliaments case and controversie ( which the animadversor still forgets to be of preserving the whole kingdome , and so , de jure publico ) is of so transcendent a nature , " de facto , it may not , and de jure it ought not to be restrained by pettie and mortified statutes or lawes , in acting so much good for us . but how should presidents ( as the animadverso saith ) be best warrants ? or how should they be in the like degree limiting or binding that oaths are ? consider the consequence , such or such a parliament did not or durst not doe this or that , therefore may no parliament do it ? some parliaments , not comparable to the worthies of this ) have omitted some good out of supinenesse , difficulty , or to avoid a greater evill , which might be valuable with the good desired ; some perhaps hath done ill which the integritie and worth of this abhors to think of ; so that neither king nor parliament have reason to plead so strongly for coherents to presidents . but both have better rules if they will not deceive them , which are , to direct all by the interest of state ( which is never accusable of injustice ) and by equitie , which we may call a generall law : and though it be variable according to the subject matter and circummstances , yet it is that only , which will not let summum jus be summa injuria , which is the supremest right that can be done us . and it remains to be wisht that the animadversor would have shown us in this main businesse , wherein the parliament hath gone crosse , either to publike interest of state or equitie . to say ( as the animadversor doth ) that this single and extraordinary case excludes the king from supremacy ( even above particulars ) and divests him to the naked priority onely of place and title , is that which blasts it self , unlesse the animadversor , be able to prove the kings exercise of his former power totally intercepted , and the more now then in other parliaments of the like circumstances , or that he is ruin'd by having his kingdome preserved . but serjeant major skippon ( who is a particular ) was not permitted to obey the kings summons of him , therefore the king ( saith the animadversor ) is denied a power even above particulars . but we answer that his case reports to that of the parliaments , and must stand or fall with the equity of that . in the mean time he is so imployed , that he could not have been in any more redounding to his majesties solid happinesse , which ( rightly understood ) would have prodnced rather an excuse than an accusation . for the parliaments discharging of their trust ( which the animadversor fears so much ) it is so notorious to all uncorrupted and unbiast judgements , that we have reason to pray , that those who so advisedly elected them in a time of lesse danger to the kingdome , than this present is , be not more disloyall to them , than they are to their chusers . what they have actually effected with the kings concurrence , the animadversor i hope will not except against ; and what they desire further to effect ( wherein they so humbly and pariently have attended his majesties concurrence ) is onely for the happier continuation of that other to us , and is to be reputed good or ill , in order to that . where then is the evill for which the parliament must be so scourged by all sort of hands ? why did we engage them so studiously to wipe off that rust , which began to eate so deep into the letter of our lawes , and all our possessions ? and to make new purchases for us of all our estates ? if now being assembled they cannot discerne what and where those lawes are to be found , by the luster and power of which they they should act all this for us . we have blessings plentifully in store for his majesty , but desire he would not reduce the ultimate resolution and reserch of the law ( our blessing ) to be in his own bosome , more than in that of the parliament , lest when god in his anger shall deprive us of so great a blessing as is his life and government , that dye with him . i shall not multiply on the animadversors arguments ; of the possibility of the parliaments erring , and not rightly discharging their trusts : all which might be more powerfully urged on one man confiding in his own singularity . he might have knowne them to have been unanswerably refuted and kild before their birth . but since he will have the parliament so great practitioners of popish policy , in respect of some infallibilitie , which he saies , and they never arrogated ; save onely a probabilitie of lesse erring in that question betwixt his majesty and themselves ; let me , i say , nakedly recite what the learned , and yet unanswered divine in this matter ( which the animadversor so triumphs in ) hath urged against the papists , whom it most concerns , so to leave the reader to assume what shall seem most deduceable to himself ; his words are these . * he that would usnrp an absolute tyranny and lordship over any people , need not put himself to the trouble and difficulty of abrogating his laws , made to maintain the common liberty , for he may frustrate their intent and compasse his design as well , if he can get the power and authority to interpret them as he pleases , and have his interpretarions stand for laws . i shall not need to recapitulate the condition of our lawes before the parliament , nor yet what interpretations they received ; which interpretation were held so authentique , that they made the law but a nose of waxe , to wring sometimes this way for ship money , and for the lawfulnesse of it , as to make the king likewise the sole iudge and redresser of all publike dangers , sometimes another way for legall monopolies , &c. let the world then iudge who arrogate most infallibilitie , or have more made use of papists or popish policy . . the observator saith that the parliament deserted by the king in the whole kingdomes distresse may relieve it and the king . here is asserted the publike interest of state , which can fall under no notion of any inferior court to examine . but the animadversor draws this consequence from thence ; that then every mans estate may be wrested from his propriety and possession : quàm urceus exit . here he doth most palpably discover the loosenesse of his logick and cause , and how little he holds to his premisses , and state of the controversie betwixt king and parliament , which i so oft noted before , and shewed the case to be de iure publico , and so politicall . commutative therefore and distributive iustice being of inferior matters have their inferiour courts , and the apparant letter of the law to decide , and power to actuate what is rightly decided . but this controversie being de iure publico , of a publike right , it fals under the notion of another sort of iustice , whereas particular proprieties and possessions fall under those two inferiour sorts of iustice , as hath beene proved in the conclusion of the first position , which together with this shew the sandinesse and incoherence of the animadversors consequence . here therefore we will onely note , that even in a common distresse ( which is lesse then a publique ) without a vote of parliament , or expecting any other dispensation of right , a particular propriety may be destroyed by a community to preserve it self : as when the sea breaks in upon a county , a bank may be made of and on this or that mans ground whether he please or no ; and when our neighbour vcalygons house blazes , frequently we see some houses pluckt down ( where the fire actually broke not out ) lest it should consume the whole street . and 't was equitie ( before poesie ) that in reof the propinquitie of the danger , we are supposed to be even in the danger it spect self ; and that the house so pluckt down , is not supposed so much to be dilapidated as burnt . tum tuares agitur paries cum proximus ardet . but i wonder by what act or declaration the parliament hath denyed a compensation to the sufferer in that kind , as the question now stands ? if all men did not know that the parliament hath so provided for the indemnity of those at hull , perhaps the animadversor might have gained the credit of some modesty in averring , that the parliament upholds publike good with private misery . with the like grace also , and with sufficient confidence doth he tell us , that if there be a great distresse in the kingdome , it is caused by the parliament claiming that power which cannot consist with the royall estate of his maiesty . 't is prodigious to all honest understandings , that the near engagements of warre the scots twice meerly upon misunderstanding ; that the design of strangling the parliament as soon as born ( for proof of which the parliament presumes to have had too much sufficiency ) having the bloudiest and true papisticall war in ireland raysed against our nation , and that against the parliament especially ( in the walls of whose house they haac already endangered a breach , j am perlucente ruina ) that even now among our selves we see some , who with more alacrity are ready to imploy themselves against that sacred assembly , than against those unchristian rebels , and yet that all this should be too little to evince the realitie ( as the animadvertor saith ) of a distressed kingdome ; and who is yet more transcendent , that all this should be caused by the parliament , which aimes at nothing but the extirpation of the parliament root and branch , and of which some part of it ( viz. the scots troubles ) had being long before the parliament had any ; and then i pray , how could it be the cause of it ? how the king is head and we the body , and how the king cannot be insulted over by having his kingdome and selfe preserved from ruine , is proved at large by the observer , beyond the capacity of any his animadversions . whether the people may revoke all they actually have transacted to their king , is a question very impertinently inserted by the animadsor , in respect of any thing that the observator hath in the parliaments case ; which is such , that when the king shall have endeavoured his utmost , he will find , that he shall not be able to preserve the kingdome in extremitie of distresse , without the assistance of the kingdome it self . however this the observator denies , that the people could make such a conveyance of power to their kings , as might prove destructive of humanitie : so that much of the animadvertors divinity might have been husbanded for an apter occasion . neverthelesse st paul in the . of the romanes , tells us not what power is the highest , but that that power which is the highest ought to be obeyed . againe as st paul speaks first of a few particular disperst men , and those again in a primitive condition ; who had no means to provide for their preservation . moreover it is very observable that sn paul in the . verse speaks of a ruler , as our law speaks of our king , viz. that he is not a terrour to good but to evill works : the law likewise saith , the king can doe no injustice . the interpretation of the one must square with the other , and that must be according to the distinction of fact and right . for according to fact , st pauls ruler may be a terror to good , and a cherishing to evill works ; but by right he ought not to be so . our law saith , our king rather ought noi in right , than that de facto he cannot doe injustice ; for we know there have been both unjust kings and ill rulers . but least there should be such , scripture it self as well as our parliament doth endeavour to binde them from exercising ill . as deut. . ver. . . the king shall have a book to learn to keep the law , and doe according to it , lest his heart be lifted up above his brethren . and ezek. . . the prince may not take of the peoples inheritance by oppression , and thrust them out of it , but shall be content with his own possession , lest other men be scattered from their possessions . wherein then hath the parliament denyed the king that due which st paul allows his ruler ? who he saith , ( as is very observable through the whole chapter ) that he may be a minister to us onely for good : and to keep the parliament even with st paul , what else doth it hazard it self for , but for refusing to favour the king in an uncircumscribed power of doing ill ? which facultie he vindicates to himself irrestrainably , and that by virtue of some right and enlargement of law and religion , even to doe all manner of ill , if so be he shall ever be pleased so to doe . moreover s. paul hath not , nor could anywhere repeale the lawes of nature , so that if the parliament in its case hath neither declined them , nor our own originall contracts , nor the present interest of state , nor s. paul , then i hope , it hath kept it self consonantly to law and religion . out of all this ( with what followes in the sixth position ) wee may easily answer to the anymadversors objection of resistance . for out of those premises it appeares . that in the king there are two things onely ; first , his person ; secondly , his office , authoritie , or as st. paul cals it , his power : for his person we hold it alwayes inviolable : for his power or office , because st. paul saith , it respects us onely for good , it s very reasonable that we apply our selves in obedience to that for our owne sakes as well as for his . but the court parasites they are not content with this distribution , but adde to the person and power , or office of a prince , that which they call , the will or pleasure of a prince ; or rather they marry the power or office of a prince to his will : and so by that subtill conjunction they proving them all one ( quia omnis potestas est voluntatis ) then they aske us the question , whether we are not equally bound to obey the one in all latitudes as well as the other ? as if we had contracted for the evill as well as the good , and that , as it should seem best to the prince we contracted with . but to that we clearelier answer , that because the will lies under an indifferencie of commanding the ill , as well as the good , we may lawfully embrace that part and power onely of his good , ( as st. paul saith ) which indeede is the very essence of his power , and makes him a king : and we may reiect the other , which makes him a bloody tyrant : yet not so as to violate his person in any case ( no more than david would king saul ) but preservatively to thrust as farre from us as wee are able all other blood-suckers , who are forward to execute on us his ruining commands ; because in such a case he contracts his owne ruine as well as ours , and is supposed to be in a distemper , and in stead of a wholsome potion to call for poyson , which i thinke no good or honest physitian would obey , but rather resist those that would obey him . wherefore in these considerations , it is not here as the animadversor saith of the parliament ; nolumus hunc regnare super nos ; but nolumus hos destruere no● . but of this in the sixth position . and for this hath beene asserted , i know i quote our owne gracious prince , who hath beene pleased thus to indoctrinate us in his severall protestations , of ventring his owne life to preserve us in the fruition of our due liberties of subiects ; which we are sure we cannot enioy from him , if by that protestation he intended to force upon us , a duty and allegiance of embracing all those tormentors whom he should send to us at any time , on any occasion ( lawfull or not lawfull ) to spoyle us either of our lives or subsistance ; if so be so much evill should possibly hereafter enter into his maiesties secret thoughts and will , of which therefore seeing there is never a knowne law of the land , and that it hath no analogie with the true protestant religion , and our own iust liberties of subiects , we will presume that his maiestie abhorrs the thought of chaining us to such a slavery for his owne part , both in fact and right ; though alas he cannot promise us that all his successors shall doe the like . wherefore the animadversor doth plainely abuse his maiestie in this argument , and doth desperately corrupt his present cause . thus wee see what evils wee may thrust from us , and how we are bound to preserve the kings power or office , together with his person as much as our owne . but the animadversor , together with his tribe , preach another kinde of doctrine , from whence they know how to raise better uses for their ends , than the king can doe any ; and that is , that in stead of opposing the worst of those evills which by a kings bare pleasure may be that we should suffer by the hands of other persons , that we should , i say , simply betake our selves to flight , leaving all that we have in this world , but our lives , to the kings disposall , and to be transferred to those whom he shall thinke better worthy of them than our selves , but in the parliaments case it hath beene observed , that as it is impossible ( in a manner ) for a whole kingdome to flie , so surely cannot that be required of it : this case is not as davids ( a particular mans ) was , who being in the right , yet in danger , fled indeed , but it was from one place to stand better on his guard in another . . no member of parliament ought to bee troubled for treason upon suspition only ; especially i say , in such a case , whereof not only the whole house , but the whole kingdome knows it selfe to be alike culpable . and that the accused were in safe custody , is not to be doubted of by the animadversor , if the ingagement of a whole kingdome can give security : which is sufficient enough for five men , for ought the animadversor hath to the contrary . . because the parliament to save a whole kingdome once from ruine , hath used some power which is communicable to a whole kingdome in such an extraordinary case ; therefore it may ( saith the animadversor ) usurpe it in ordinary cases ; because it may declare the danger what it will at pleasure , and it is not infallible . as this consequence of the animadversor is the same with that of the third position , so may the answer of that be applyed to this , to which i shall refer the reader . this only will i adde , that there is no need to create an infallibility in the parliament to discerne matters of fact within every mans cognizance ; but to afford it only a probability of lesse erring , or being lesse deceived rather than a particular individuall ; and that its common interest joyned with its indirectnesse and integrity ( of which the extraordinary exact choosing of the members at the beginning , it is an extraordinary proofe ) may bee a forcible improbability of its ever usurping such a power in ordinary cases , which as it cannot be serviceable any way to us ( because ordinary cases have their most convenient courses certainly regulated ) so can it not be but extreamly dangerous to themselves alone , and no waies advantagious ; because in such cases we participate all of us of the like conveniences . this position the animadversor is pleased to conclude with a riddle ; that the ruines which the parliament intends to save the kingdome from , is to save it from monarchy . — risum teneatis amici ? are we so overgrowne with that government , which our laws are lockt and cabenetted in , in such manner , that the wounding of the one is the bleeding of the other ? or is it true which the bishops have so long pulpited at court , that the razesing of their power must be the ecclipse of the other ? although we know , and all the world with us , that monarchy was of a more extended latitude and absolutenesse before christianity was profest by any monarch , then ever it was since : or more coherently to the animadversors own words ; can there be no abuses or cobwebs in church or common-wealth , but they must needs be spun out of the bowels of monarchy ? so that the reforming & sweeping away of the one , must needs be the sweeping away of the other ? for our owne part● , we will not make them so much son and father , although the animadversor bee pleased to doe his majesty this good service . what then , the too too true ruine of the kingdome is conceived to be , is set down in the third position ; and what connexion there is in making monarchy the same with that , let the refinedst and the rudest logick collect . . whether levying of forces against the personall commands of the king , though accompanied with his presence , be to war against the king , is largely discoursed by the observator beyond any force of reason which the animadversor hath used to enforce the contrary . his majesty acknowledged much of this to the scots , whose preparations were in all respects like ours , and which his majesty found to be non tam contra quam praeter authoritatem regis , after hee had prest the animadversors arguments as warmly , as now he doth against other of his good subjects , though yet suffering under the great calamity of his royall displeasure . but to say little of that which is so notorious to us all of this kingdome ; let us look over to france , and there we may see those who were as much protestants as we , that levyed armes against their kings commands , accompanied with his presence , and yet our king never thought them the worse christi●ns or subjects for that , and therefore made himselfe a partizan with them in their very cause ; so clearely was the piety and lawfulnesse of such an act at that time reconciled to his majesties conscience and understanding . all which the animadversor must needs confesse , unlesse he will own the present declarations of the rochelers , who with execrations of us say ( upon the event of their war ) that the duke of buckinghams design was to destroy and eate them up ; and that they had preserved their liberties and religion from any adulterate mixture of popery , had they never seen him . but according to the animadversor , it is impossible a king should ruine his kingdome , because he shall alwaies have the major part with him . but modern miseries shew us the contrary , witnesse the neare depopulated principalities of germany . but to answer the argument with like reason , i say , that after a king shall have destroyed the minor part of his kingdome with his major , why may he not then , by some differences in the major part , be a cause even to bring that to destruction too ? but without supposing such a fate , why may he not , nero like , for pleasure sake , desire that all the heads of the major part stood but upon one neck , that so he might chop them off at a blow ? seeing then such a king may ruine his kingdome , ( by lamentable distresses and depopulations ) and if a parliament hath the power to hinder it , it doth that which it is bound to doe , and which is neither against the person , or genuine authority of the king , unlesse we can apprehend a kings authority without a kingdome ( which is the object it extends to , and acts in , and which wee have proved he may destroy ) and without which the animadversor must needs reduce such a king to a barer title , then he said our parliament would reduce our king to . finis . notes, typically marginal, from the original text notes for div a e- chil● c. . p●● jus populi, or, a discourse wherein clear satisfaction is given as well concerning the right of subiects as the right of princes shewing how both are consistent and where they border one upon the other : as also, what there is divine and what there is humane in both and whether is of more value and extent. parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) jus populi, or, a discourse wherein clear satisfaction is given as well concerning the right of subiects as the right of princes shewing how both are consistent and where they border one upon the other : as also, what there is divine and what there is humane in both and whether is of more value and extent. parker, henry, - . [ ], p. printed for robert bostock ..., london : . attributed to henry parker. cf. blc. reproduction of original in thomason collection, british library. eng prerogative, royal -- early works to . liberty -- early works to . a r (wing p ). civilwar no jus populi. or, a discourse wherein clear satisfaction is given, as well concerning the right of subiects, as the right of princes. shewing parker, henry c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - melanie sanders sampled and proofread - melanie sanders text and markup reviewed and edited - pfs batch review (qc) and xml conversion jus populi . or , a discourse wherein clear satisfaction is given , as well concerning the right of subiects , as the right of princes . shewing how both are consistent , and where they border one upon the other . as also , what there is divine , and what there is humane in both : and whether is of more value and extent . claudianus ad honorium . tu civem , patremque geras , tu consule cunctis : non tibi , nec tua , te moveant , sed publica damnae . in private matters do a brothers part , in publick be a father ; let thy heart be vast as is thy fortune , and extend beyond thy self , unto the common end . published by authority . london : printed for robert bostock , dwelling in pauls church-yard at the signe of the king head . . jus populi . or , a discourse wherein clear satisfaction is given as well concerning the right of subjects , as the right of princes . &c. the observator ( so he is stiled at oxford ) writing against our parasiticall court-doctors , who think they cannot be meritorious patrons of royalty , without shewing themselves anti-patriots , or destroyers of publick liberty , grounds himself upon these three main assertions . princes derive their power , and prerogatives from the people . secondly , princes have their investitures meerly for the people benefit . thirdly , in all well-formed states the laws , by which princes claim , do declare themselves more in favour of liberty then prerogative . much art , force , and industry has been used to destroy these fundamentals , wherein though the royalists have not been prevalent in the judgement of wise men , yet something must further be replyed , for the weaker sort of peoples sake , lest multitudes of opponents should sway them , and effect that by number , which cannot be done by weight . man ( saies the apostle ) was not made of the woman , but the woman of man : and this is made an argument why the woman should pay a due subjection to man . and again , man ( saies the same apostle ) was not created for the woman , but the woman for the man ; this is made an other argument to inforce the same thing . there cannot be therefore any to pick rules more properly pressed then these : nay without offering some contradiction to the spirit of god , we cannot reject the same form of arguing in the case of a people , and their prince : especially when we do not insist onely upon the vertue of the efficient or finall cause , but also upon the effect it self , and that form of law , which was ( as it were ) the product of both . let us now then re-examine these three grounds , and seek to give further satisfaction to others , by inlarging our discourse , where our adversaries have given a just occasion . if we can make it good that princes were created by the people , for the peoples sake , and so limited by expresse laws as that they might not violate the peoples liberty , it will naturally follow ; that though they be singulis majores , yet they are universis minores ; and this being once made good , it will remaine undeniable , that salus populi is suprema lex : and that bonum publicum is that which must give law , and check to all pretences , or disputes of princes whatsoever . to make appear thus much , let us begin with the origo or first production of civill authority . the royalists take a great deal of superfluous pains , and quote many texts of scripture to prove that all powers are from god : that kings are anointed by god : and that they are to be obeyed as the vicegerents of god . if we did oppose or denie these clear truths , no fraud were to be suspected in those that alledge them : but when we do expresse no kind of dissent from them herein , and when they have too generall a sense , as our dispute now runs , we must conclude that there is some secret fraud wrapped up , and clouded under the very generality of these asseverations . for t is not by us questioned whether powers are from god or no ; but whether they are so extraordinarily from god , as that they have no dependence upon humane consent . neither do we raise any doubt , whether or no kings are anointed by god ; but whether that unction makes them boundlesse , and their subjects remedilesse or no , in all cases whatsoever . neither do we dispute whether monarchs are gods deputies , or no , and so to be observed ; but whether limited monarchs , and other conditionate , mixed potentates may not chalenge the same priviledge . to shew then more ingenuity towards our antagonists , we will be more clear in dividing , and distinguishing , and we will decline generall expressions , as often as just occasion shall require . in the first place therefore we desire to take notice that {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , or potestas is sometimes taken for order , sometimes for jurisdiction : and these termes alwayes are not to be confusedly used . if adam had not sinned in paradise , order had been sufficient alone without any proper jurisdiction : it may well be supposed , that government , truly so called , had been no more necessary amongst men on earth , then it is now in heaven amongst angels . government is in truth that discipline or method which we exercise in promoting , inabling , rewarding persons of good desert in the state , and whereby we prevent , suppresse , punish such as are contrarily affected . and as government has laws to guide its proceedings , so it is armed , with power and commission for putting those laws in execution . it s plain therefore where there is no supposition of sin , order will be prevalent enough without formall jurisdiction : for as there needs no additionall rules , besides those which creation imprinted , so there needs no additionall power to attend those rules . if we look up to heaven , we see that preheminence which one angel has above another is farre different from that command which princes obtain here on earth over their vassals : we apprehend it as an excellence , that pertakes of more honour , then power , and that power which it has appertaining is rather physicall then politicall . if we descend also to survey hell , we shall find some order observed there too , but no proper government used ; for as law is uselesse where there is no sin , so it is also improper or impossible where there is nothing but sin . wherefore something of primitive order is retained below amongst the damned legions for the conservation of their infernall kingdome , but there is little resemblance of our policy in that cursed combination . we may then acknowledge that order is of a sublime and celestiall extraction , such as nature in its greatest purity did own ; but subjection , or rather servile subjection , such as attends humane policy amongst us , derives not it self from nature , unlesse we mean corrupted nature . besides in order there is nothing defective , nothing excessive , it is so universally necessary , and purely good that it has a being amongst irrationall creatures , and not onely states , but even towns , villages , houses depend upon it , and as it was existent before sin , so it must continue after sin ; but government , as it had no being without sin , nor has no being but amongst sinfull men , so even amongst men it is not without its defects and inconveniences . we must not expect more then a mixture of good and evill in it , and if we will refuse the burden of it , we must withall deny the benefit of it . nulla lex satis commodo est ( saith cato ) id modo quaeritur si majori parti & in summa prodest . wherefore it is now sufficiently apparent , that order does more naturally refer to god as its author then jurisdiction does , and that it also conveyes nothing in speciall to kings , inasmuch as the benefit of it is generall , and extends to families , as well as states , and to popular states as well as monarchies . as to government also we must in the next place observe three things therein very distinguishable . the constitution of power in generall must be sever'd from the limitation of it to this or that form ; and the form also must be sever'd from the designation of it to this or that person . the constitution or ordinance of jurisdiction we doe acknowledge to contain {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , but this excludes not {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , it may be both respectively , and neither simply : and st. peter seems to affirm as much of the humanitie , as st. paul does of the divinitie of the constitution . in matrimony there is something divine ( the papist makes it sacramentall beyond royall inauguration ) but is this any ground to infer that there is no humane consent or concurrence in it ? does the divine institution of marriage take away freedome of choice before , or conclude either party under an absolute degree of subjection after the solemnization ? is there not in conjugall jurisdiction ( notwithstanding the divine establishment of it ) a strange kind of mixture , and coordination , and may not the spouse plead that divine right as much for a sweet equality , as the husband does for a rigorous inequalitie ? inferior matrona suo sit blanda marito , non alitèr fuerit foemina , virque pares . there may be a parity even in the disparity of the matrimoniall bond , and these two contraries are so farre from being made contrary by any plea of divine institution , that nothing else could reconcile them ; and if men , for whose sakes women were created , shall not lay hold upon the divine right of wedlock , to the disadvantage of women : much lesse shall princes who were created for the peoples sake , chalenge any thing from the sanctity of their offices , that may derogate from the people . besides even government it self in the very constitution of it is so farre from being injoyned as divine upon any persons ( not before ingaged by their own , or their ancestors consent ) or from being necessitated by any precept , or president in scripture , that we rather see an instance of the contrary in the story of lot and abraham . certainly there was in nature some majority or precedence due either from lot to abraham , or from abraham to lot , ( for the rules of order are no wayes failing ) and yet we see this is no sufficient inforcement to subject either of these patriarks to the others jurisdiction . when discords arose amongst their servants , they might have been qualified and repressed by a friendly association , and either one or both joyntly or by course might have had the oyer , and terminer thereof . yet so it was , that they rather resolved upon a dissociation , and this could not but have been a great sin against the divine right of government , if any such had been originally imprinted in nature , or delivered by command from god , as of more value then common liberty . t is true it proved afterwards fatall to lot , that he did disjoyne from abraham , and it had been farre more politick and advantagious for both of them perhaps , if they had incorporated one with another : but the question is not whether it was prejudiciall , or no , to esteeme the priviledge of an independent liberty before the many other fruits and advantages of a well framed principalitie : but whether it was sin against god , or no , and a transgression against the constitution of power , to pursue that which was most pleasing , before that which was likely to prove more commodious . i conceive that freedome being in it self good , and acceptable to nature , was preferred before government , which was also good , and more especially commendable , but god had left the choice indifferent , and arbitrarie , and therefore there was no scandall or trespasse in the choice . i speak not this to unsettle any form of government already founded , and composed , nor against the constitution it self , or intention of framing associations : t is sufficient for my purpose , if it be proved , that before such foundation or composition every man be left free , and not abridged of his own consent , or forced by any law of god to depart from his freedome , and i am sure this example of abraham , and lot does evince thus much , unlesse we think good to charge them both as enemies to the politick constitution of power , and will needs introduce a perpetuall yoke of authority upon all men whatsoever , whether pre-obliged by consent or not , which seems to me very uncharitable . but enough of this , i passe now from the constitution it self , to the determination of power to such a line , or such a person , electively , or hereditarily : and this also is an act wherein we do not deny gods ordinary interposition , we onely deny , that the peoples freedome of choice , or consent is at all drowned thereby . gods chusing of saul particularly , is no generall denyall of humane choice ; we may rather suppose that that coronation was an act of divine providence , then of any speciall command . for as god remitted the matter to the decision of lots , so it is undoubted that he guided the event of those lots , as gently , as he guides all other second causes , without violenting the nature of them . so the scepter of judah though it was prophetically intayled upon davids posterity , yet the individuall person or line of that race was not alwayes specified by god . the order of primogeniture was broken in solomon , and there was no certain rule left as often as that order was to be altred , or inverted , to whose choice or discretion it should be left . after the captivity there was also interruption in the lineall course of dissent , and by whom the successive right was then convayed , is uncertain , but in probabilitie either the people , or some other humane hand was the pipe of that conveyance . we shall not need to prosecute this further , our adversaries do grant us , that the election of princes is not now so extraordinarie , and divine as it was amongst the jews , and the scripture it self is clear , that even those jewish princes which god pointed out by lots , or anointed by his prophets were yet establisht , and invested by the people . and therefore in the first delivery of the law by moses , before any king was resolved upon by the people , god prescribed to them in this manner : quando statues regem super te , &c. when you shall think fit to set or erect a king over you , you shall chuse that man whom i shall designe . and the same word statuere is divers times elsewhere used in scripture , so that though god did never interpose in any other nation so eminently about the making of kings , as in judea , yet even there he did commend the person , the people did chuse ; or if he did chuse , the people did statuere , viz. give force and sanction to the same . it remains now that we try what there is of god , and what of man in the limitations , or mixtures of authority . t is a true and old maxime in law , qui jus suum alienat , potest id jus pactis imminuere . and hereupon grotius takes a good difference betwixt imperium and imperii habendi modum , and as for the manner or qualification of rule , that he accounts so meerly humane , that if the king seek to alter it , he may be ( as he acknowledges ) opposed by the people : nay he proceeds further , and cites barclayes authority , who was the violentest assertor of absolute monarchy that ever wrote ) to prove that kings may have but a part in the supremacy of power , and where they have but such a partiall mixt interest they may not onely be resisted , but also deposed for forfeiture in case they invade the other interest . the same author also affirms , that states may condition with kings to have a power of resisting , and that the same is a good condition , though the royalty be limited by no other . if this be so , surely the founding or new erecting of authorities at first , and the circumscribing the same after by consent , is so farre from being gods sole immediate act , that it is , as far as any act can be mans proper and intire act : for except we allow that god has left it indifferent to man to form government as he thinks most for his behoof , we must needs condemne all forms except one , as unlawfull : and if we grant indifference t is all one , as if we left it to second causes . but soft to call kings ( saies one loud royalist ) derivatives of the people , it is to disgrace them , and to make them the basest extracts of the basest of rationall creatures , the community . if we fix an underived majestie in the community as in it first seat , and receptacle ( where there is not one of a thousand an intelligent knowing man ) this is ( if not blasphemy ) certainly high treason against god and the king . this is oxford divinitie . god reproves kings for his anointed peoples sake , these reproach the people for kings sakes . these are the miserable heralds of this unnaturall warre , having mouthes as black as their hands are crimson : but let the man fall to his arguments . a world of reasons ( saies he ) may be brought from scripture to prove that kings are independent from all , and solely dependent from god . but for brevities sake take these . to whom can it be more proper to give the rule over men , then to him who is the onely king truly and properly of the whole world ? answer . to none more proper : there shall be no quarrell in this ; provided you will no more except kings then subjects from this generall subjection . god is the immediate author of all rule and power amongst all his creatures above or below , why then should we seclude him from being the immediate author of government and empire amongst men ? answer . we seclude him not . we onely question whether he be so the immediate author of our constitutions , as he is of primitive order , or whether or no he so extraordinarily intervene in the erecting of governors , or limiting of governments , as to strangle second causes , and invalidate humane acts . man in his innocence received dominion over the creatures immediately from god ; and shall we deny that the most noble , and excellent government over men it from god , or say it is by humane constitution ? answer . god did not create so vast a distance betwixt man and man , as betwixt man and other irrationall creatures : and therefore there was not at first the same reason of subjection amongst the one as the other . yet we except nothing against order , or a milde subjection amongst men : we onely say that such servility as our adversaries would novv fain patronize in gods name , vvas never introduced by god , nature , or any good men . they who exercise the judgement of god must needs have their power to judge from god ; but kings by themselves and their deputies exercise their judgement from god . ergo . answer . the prince of orange , or the duke of venice may as well plead thus , as the king of spaine , or the emperour of germany . besides , according to this rule , quod quis per alium facit , facit per se : the state may as truly say , it exercises judgement by the king , as the king may that he exercises judgement by his inferior courts . lastly , if this be pressed upon supposition , that the king is judge next under god without any dependence from the state , it begs the question : if it be pressed , only to prove , that the king ought to be so independent , 't is vain , and frivolous . . kings are the ministers of god , not only as to their judiciary , but as to their executory power , ergo , their charge is immediately from god . they are called gods , angells , &c. so in the church , preachers are the embassadors of god , and this makes their function immediately divine . answ. the judiciary , and executory power flowes from the same source , this shall breed no dispute : and as for all the glorious attributes of majesty , and irradiations of sanctity , and divinity which the scripture frequently applies to kings . first , we must know they are not only appropriated to kings as they are absolute , and solely supreame ; but to all chiefe governours also though bounded by lawes , and restrained by coordinate partners . secondly , they are many times affixt to kings , not quatenus kings , but quatenus religious and just kings ; these sacred expressions applyed to ahas or jeroboam , doe not sound so tunably , as when they point at david or josiah . thirdly , the people and flock of god sometimes communicate in termes of the like nature , not only priests and prophets were annointed as well as kings , but the whole nation of the jewes was called holy , and dignified with that which the ceremony of unction shadowed only . priests were not kings , nor kings priests , but the children of god are both kings and priests : the scripture expresly calls them a royall priesthood . fourthly , that sanctity , that divine grandour which is thus shed from above upon princes for the peoples sake , in the judgement of wisemen does not so properly terminate it self in the means as in the end . . if the grace inabling kings for their imployment be only from god , then consequently the imployment it selfe , ergo . answer , if god by inspiration did inable all kings extraordinarily , and none other but kings , this were of some force : and yet this proves not that kings are more , or lesse inspired by god , as they are more or lesse limited by man . howsoever wee know by woefull experience that the major part of kings are so farre from being the best judges , the profoundest statesmen , the most expert soldiers , that when they so value themselves they prove commonly most wilfull , and fatall to themselves and others ; and that they ever govern best , when they most relye upon the abilities of other good counsellors and ministers . . where soveraigne power is , as in kings there is authority and majesty and a ray of divine glory , but this cannot be found in the people , they cannot be the subject of it either jointly , or severally considered ; not singly , for all by nature are equall : and if not singly : not jointly ; for all have but the contribution of so many individuals . answ. what ridiculous things are these ? if majesty and authority accompany supremacy of power , then it is residing at geneva aswell , as at constantinople ; or else we must take it for granted that there is no supremacy of power , but in monarchies . all men will explode this : but suppose the crowne escheated in a monarchy , will you say because all have but the contribution of so many individuals , therefore there is no more vertue in the consent of all , then there is in the vote of one ? must the wheeles of government never move againe except some miraculous ordinance from heaven come to turne , and actuate them ? must such a fond dreame as this confound us in an eternall night of anarchy , and forbid us to wind up our weights again ? how poore a fallacy is this ? you cannot subject me , nor i you , nor one hundred of us one hundred of other men but by consent , it follows therefore that all of us joyntly consenting cannot subject ourselvs to such a law , such a prince such a condition . . potestas vitae & necis , is only his who only gives life : ergo , kings which only have this , can only derive this from god . answ. this destroyes all government but monarchicall , this denies all aristocraticall or democraticall states to bee capable of doing justice or proceeding against delinquents , what can be more erroneous or pernitious ? the power of life and death in a legall sence is committed to man by god , and not to kings only . for if the crowne of england were escheated , the community even before a new restauration of government , during the inter-regnum , might joyne in putting to death murderers and capitall offenders , and perhaps this it was which cain stood in feare of . nay it may be thought ex officio humani generis , they ought to prosecute all the common disturbers of mankind . and if this without some orderly tribunall were not lawfull , or possible to bee done , yet what right or power is there wanting in the people to erect such a tribunall ? grotius tells us , that as man is the generall subject of the vis●ve facu'ty , though the eye of man be its particular seat , so the whole body politick is the generall subject of authority , though it bee more intimately contracted sometimes into such a chaire , such a bench , such an assembly : and if it be so after government setled , it is much more so before . . the actions of kings aswell of mercy , as justice , are owned by god , and therefore when god blesses a people , hee sends good kings ; when he scourges them , he sends evil kings . answer . if god be said to send evill kings , and to harden them for our punishment in the same manner , as he sends good kings &c. we must acknowledge the hand of god in these things , but not as over-ruling secondary causes : when the lot is cast into the lap , the event is from the lord , but it does not alwayes so fall out from the immediate sole causality of god , so as the second cause is forced thereby , or interrupted in its ordinary operation . wherefore if the immediate hand of god does not violent such hidden contingent effects , sure it is more gentle to more rationall and free causes : and where the effect is evill , we must not make it too causall . . god is stiled a king and represented on a throne , therefore let us not make him a derivative of the people also . answer . demand what security you please for this , and we will give it . . kings , priests , prophets were anointed , but no fourth thing : and since priests and prophets are sacred by immediate constitution , why not kings ? answer . wee have instanced in a fourth thing , upon which the unction of god hath been powred , if not visibly yet spiritually , if not in the externall ceremony , yet in the internall efficacy . we do not deny also but kings are sacred by immediate constitution , as well as priests : but we deny that kings only , or absolute kings only excluding other conditionate princes , and rulers are thus sacred ; and as for priests , they are not so properly a power as a function : neither doe i perfectly understand how farre they disclaime all humane dependence in their functions , nor is the dispute thereof any way pertinent in this case . . disobedience to princes is taken as disobedience to god , and therefore god sayes to moses and aaron , they murmure not against you , but me . answ. cursed for ever bee that doctrine that countenances disobedience to magistrates , much more such disobedience against such magistrates in such things , as that was which god so severely chastised in the israelites : our dispute at this present is not about obedience , but the measure of obedience ; for if the kings will be the sole rule thereof , wee cannot disobey god in obeying the king , but this we know is false : and if any other rule be either in the law of god or man , to that we will conforme in our actions , and to that we ought to be confin'd in our disputes . . the last result is , priests and kings have their offices if not personall designations , immediately and solely from gods donation , and both ( as to their persons and functions ) being lawfully invested with sacred power , are inviolable . answ. we need not doubt , but this great ostentatious undertaker , and this wide , gaping promissor , was some cathedralist within orders , he does so shuffle priests and princes together . he will needs have princes as inviolable as priests , but hee could wish much rather , i believe , that priests were as unpunishable as princes . he doth admit princes to have their offices as immediately from god as priests , but then his intent is that priests shall claime a power too as independent as princes , caecus fert claudum , &c. if kings will bee but as willing to carry bishops as they are to guide kings , 't is no great matter whether any body else have legs to walk , or eyes to see . but what if we grant ministers to have persons as inviolable as magistrates , and magistrates offices as sacred as ministers : what doth this prove against limited monarchy , how doth this devest the people of god of all right and liberty ? thus we see he that answers one argument , answers all : for wee doe not deny gods hand in the crowning of princes , we know the scripture is expresse in it , and wee know there is a necessity of it , as there is in all other human things ; and yet this is al they can say for themselves . all that we wonder at is , that since the scripture doth every where as expresly also mention the hand of man in making and chusing of kings , and since there is no more ascribed to god for inthroning them then is for dethroning : that our adversaries will take no notice at all of the one , as well as of the other . it is plain in iob . . that god looseth the bond of kings , and girdeth their ioynes with a girdle : and many other proofes may bee brought , that god giveth and taketh away scepters . wherefore it jeroboam an usurper and seducer of the people doe as truly hold his crowne from god , as rehoboam , if nebuchadnezar may as justly require subjection from the jews under the name of gods vicegerents , as josiah ; if cyrus be as truly invested from heaven as judas machabeus ; if rich. the third have a person and office as sacred , and inviolable by divine right , as his nephew edward the fifth whom he treacherously murdered : and if we cannot affirme that god is a more active or efficacious cause , or more overaweth , and wresteth inferiour agents in the one , then the other , it behoves us to be as cautious how we impute to god , that which is mans , as how we impute to man , that which is gods . kings raigne by god , 't is confest : but ( kings ) there is used indefinitely for all supreame commanders , as well limited as unlimited , as well those which have a greater , as those which have a lower stile then kings , as well usurpers and such as ascend by violent meanes and uniust titles , as lawfull princes that enter by a faire descent and election : and so likewise the word ( by ) is taken indistinctly , it may as well signifie that efficacy of gods hand which is ordinary , and stands with the freedome of naturall causes , as that which is extraordinary , and excludes any humane concurrent causality : and we have given reason , why it should intimate the first , but there is no reason given why it should intend the second . but the royalists will now object , that if power doe flow from a humane naturall principle ( rather then a divine and supernaturall one ) yet still this proves not that publick consent is that only principle . nimrod was a greater hunter of men , and doubtlesse that empire which he atcheeved , was rather by force then consent ; and t is apparent that many other princes have effected that by their owne toyles , which they never could have done by meer merit or morall inducements . 't is not to be imagined that nimrod or any other by meer personall puissance without the adherence of some considerable party , could subject nations ; or lay the foundations of a spreading empire : neither was any conquest ever yet accomplisht without some subsequent consent in the party conquered , as well as precedent combination in the party conquering , or concurring in the act of conquest . normandy and england were united by armes , but not meerly by armes , for the acquisition of england was compast at first by the voluntary aydes of the normans , and upheld afterwards by the voluntary compliance of the english . the maintaining of dominion is altogether as difficult as the purchase , and commonly is of the same nature : if nothing else but the sword had placed william in the chair , nothing else but the sword perpetually unsheathed could have secured him & his posterity therin , but it was not normandy that was ingaged against england , it was william that was ingaged against heralt , no sooner therefore was that personall dispute ended , but william was as well satisfied with the translation of heralts right , as england was willing to transferre the same upon him . without some rightfull claime william had been a robber , not a victor , and without the consent of this nation either declaring or making that claime rightfull , the robbery would have lasted for ever , and yet no title had ever accrued thereby . wherefore if there must be a right of necessity to make a difference betwixt robbery , and purchase ; and if that right can never bee justly determined by force without consent either precedent , subsequent , or both : nor no prince was ever yet found so impious or foolish as to decline the same : the plea of conquest is but a weak absurd plea , for ( as it is well observed ) by a learned gentleman , conquest may be a good meane , or it may be a remote impulsive cause of royalty , but an immediate formall cause it cannot be , neither can gods ordinance bee conveyed , or a people in conscience ingaged by any other meanes then consent of the people , either by themselves , or their ancestors . our adversaries to involve us in a base thraldome boast of three conquests in this iland , and yet neither of them all was just , or totall ; or meerly forcible , without consent preceding , or following . 't is a law amongst swordmen ( and it hath no other sanction ) arma tenenti , omnia dat , qui justa negat . try us by this law ; and what could either the saxon , dane , or norman pretend against this whole nation ? if the crowne was unduly withheld , that could beget but a particular quarrell betwixt the usurper here and him that was pretender , on the otherside . this was no nationall injury , and yet even no such manifest desseisin can be proved against us . besides , if the whole nation had transgressed , yet the whole nation was never wholly subdued , nor scarce any part of it altered by conquest , all our conquerours themselves did rather loose themselves , and their customes , and their laws to us , then assimilate us to themselves . anglia omnibus regunt & nationum temporibus iisdem legibus , & consuetudinibus quibus nunc regitur continuò regebatur : we know by what an authenticall hand this was written . war-like incursions of foraine armies prevail no more usually upon great states , then the influxes of rivers do upon the ocean , so farre they are from making the maine fresher , that they themselves become brackish in attempting it . we see the norman here being in the full pride of his great victory , was in danger to have received a fatall check from the inhabitants of kent ( one county of this realme ) had he not prudently betaken himself to a milde way of treatie , and composition . and if the conquered remain in such condition , what justice is that , which ingulphs not onely them but the conquering nations also , and their posterities in the same vassalage under one insulting lord ? the natives here now are not distinguishable , nor ever were in point of freedome from those which entred by force amongst them ; and shall we think , that the same hand which wrested away our liberty in favour of one man , would do it with expence of its own also ? to use more words in this pretence of violent acquisition , were to attribute too much to it , if you relye upon any agreement and condescension of this nation , produce the same , and the true form thereof , and that shall purchase you a good title ; if you relye upon meer force , the continuation thereof to this day ought not to conclude us in a plea of this nature . t is no reason we should be now remedilessely opprest , because our ancestors could not defend themselves against your oppression . let us come now to another objection : for the royalists will still say , if the people be the true efficient , primary cause of soveraignty , yet the party constituting is not alwayes better then the constituted . still the rule is deniable , quicquid efficit tale est magis tale . for the better ventilation of this truth , we shall distinguish betwixt natural and moral causes ; for in morall causes this rule does not so constantly hold , as in naturall . you will say , that in naturall things , it does not alwayes hold ; for a spark may raise farre greater flames then it self ; and wine may intoxicate or work that in another , which it has not in it self . i answer . the spark that inflames other combustible stuffe , and so dilates it self into a greater flame , works not as a cause onely , but as an occasion also ; and we shall more truly imagine that it is multiplied , and that it gathers new strength from other concauses , then that it spends it self , or effects something more vigorous , and perfect then it self : so wine , it makes not drunk , as it is it self drunk ; because drunkennesse proceeds not from wine immediately , but from other neerer causes . wine heats the veines , annoyes the stomack with humors , and the brain with fumes , and these are the immediate causes of drunkennesse ; the proper work of wine is heat , and so it ever has a heat as intense in it self , as that which it self causes elsewhere , and without the accession of other joynt causes , it cannot produce a greater degree of heat , in another thing then it reserves in it self . as to ethicall causes ( if they may be truly called efficients ) t is confest , forasmuch as they work voluntarily and freely , they may in their influences depart with more , or lesse vigor as they please . authoritie , land , honour , &c. may be passed either absolutely , or conditionally , and the conditions may be more or lesse restraining as the agreement provides , according to the intent of the grantor , expressed by instrument , or otherwise . in our case then we are to inquire whether supreme signiory , or command be to be reputed amongst naturall or morall things , and i conceive it is of a mixt nature , proceeding from principles partly ethicall , and partly naturall . the honour and splendor of monarchs ( two main ingredients of dominion ) are after a physicall manner derived , the more glorious and noble the people is , the more glorious and noble the chief of the people is ; and this honour and glory is such as flows from the people without wasting it self , in the act of flowing . in the like manner puissance , and force , it has a naturall production from the people ( and this is another principall ingredient of empire ) the more strength there is in such or such a nation , the more strong is he who commands that nation : and yet that puissance which by perpetuall consent passes into the supreme commander , does not so passe from the people , but that it retains its ancient site , and subject of inherence . wherefore honor and power though they be so great requisites in the composition of princes , yet we see they have a naturall efflux ; and as honor is in honorante not in honorato , so potestas is in potestante ( as i may use the word ) not in potestato . the woman is coruscant by the rayes of her husband , borrowing resplendence like the moon from the suns aspect , without losse or diminution to the fountain and cause of that coruscance . in the same manner also princes derive honour and power from their subjects , yet drain not at all the scource which derives it : tanti est rex , quanti est regnum : as the people increases , or impairs , so does the prince ; and we must not expect the contrary . if then a prince be in value or excellence superiour to that community from whence all his power and honour deduces it self ( which can find but hard entertainment in our thoughts ) yet t is not because the fountain has evacuated it self in that deduction ; for we see the effect ( even after its production , for i speak not of its former entity ) is such here , that it has aristotles condition in it ; it does utrique inesse , it has a residence in both parties , it invests the grantee without devesting the grantor . to do the office of a protector , is the most proper , and therefore the most excellent , and incommunicable prerogative of a king , yet even that power by which he is made capable of protecting , issues solely from the adherence , consent , and unity of the people ; and so issues , as that the people suffer no exhaustion in the busines . neverthelesse , it must be granted , there is something of royalty which springs from a morall principle , but that is the commission , or indeed that form of qualification by which one prince differs from another in extent of prerogative , and in respect of this principle the people does more or lesse straiten it self in point of liberty . this of all other rayes of majestie is most immediately streaming from the consent of the people ; but if a nation by solemne oath , or otherwise has ingaged it self to submit to the will of a prince absolutely , affirmatively reserving no priviledges , but tacitly renouncing all immunities except onely at discretion , i shall not seek to destroy such agreements . i onely say such agreements are not the effects of nature , and t is not easie to imagine how right reason should ever mingle with such a morall principle , as gave being to such an agreement , especially when it renders the prince , who for honour and power has his perpetuall dependence upon the people , yet more honourable and powerfull in reputation of others then the people , and that by the expresse grant of the people . howsoever ( not to make this any part of our quarrell ) let such acts of communities be demonstrable positive , and unquestionable , as particular convayances of lands , &c. use to be , and it shall not be denyed , but the effect in these politicall affairs may be more such , then that impoverisht cause , which emptied it self to make it such . yet sure such acts are very rare , prescription is the great plea of princes , and they themselves must be judges of that plea , the grand signior himself has nothing but prescription to damne his subjects ( if they be to be accounted subjects ) to the base villenage of arbitrary rule . but you will say to such causes , as remain more vertuous then their effects , there is another condition also requisite , they must not onely utrique inesse , but they must admit of degrees also , that the effect may be lesse then the cause , as the water heated is lesse hot then the fire . and you will say , if the peoples power be not totally involved , then they remain still , as well superior to the parliament as to the king . and if it be , then why not inferior to the king , as well as to the parliament ? as for degrees , there is nothing more known and assented to by all : all men must take notice , that prerogatives of princes differ almost in all countreys ; and since this difference flows from different commissions , which princes do not rightly grant to themselves , it cannot but issue from the people , and from an act of the people which is graduall in it self . for the other objection , we say t is not rightly supposed that the people and the parliament are severall in this case : for the parliament is indeed nothing else , but the very people it self artificially congregated , or reduced by an orderly election , and representation , into such a senate , or proportionable body . t is true , in my understanding , the parliament differs many wayes from the rude bulk of the universality , but in power , in honour , in majestie , in commission , it ought not at all to be divided , or accounted different as to any legall purpose . and thus it is not with the king , the king does not represent the people , but onely in such and such cases : viz. in pleas of a common nature betwixt subject and subject . wherein he can have no particular ends ; and at such or such times , viz. when there is not a more full and neer representation by the parliament . and hereupon the supreme reason or judicature of this state , from whence no appeal lies , is placed in that representative convention , which either can have no interests different from the people represented , or at least very few , and those not considerable : but i shall have occasion to be more large hereafter upon this , and therefore i now supersede . i come now to the finall cause of government . the scripture is very pregnant , and satisfying ; that the proper end of government was the good of the governed : and that the people was subjected to dominion for their happinesse , and tranquillity ; and not that the prince was elevated for his pomp , or magnificence . as for the prince , the law of god is most expresse in that , he is not to make his advancement any ground of lifting up his heart above his brethren : he is injoyned to that comportment which suits with a brother , not a lord : and to be so farre from lifting up his hand insultingly , as not to be inflated in his thoughts vain gloriously . and for the people , they are called gods flock , and the sheep of his pasture ; and therefore it is said in the . psalme , that god chose david to feed his people . our adversaries therefore though they seldome speak of the people but under the notion of the ruder multitude , and seldome name the multitude , but with termes of derision , yet they will not wholly disavow this , and therefore they would fain divide with us , and have a co-ordination of ends in the businesse . they will acknowledge that power was ordained , ut nobis bene sit , according to jeremy ; and ut tranquillam & quietam vitam degamus oum omni pietate , & sanctitate , atque etiam extrema honestate ; according to timothy : and {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , according to st. paul : and pro bono publico , according to aristotle , and all sound phylosophy : but still they say , this end , is not the sole end , the power and honour of the governor is an end co-ordinate withall , or at least not meerly subordinate . this we can by no means admit , though by the word governor be intended , the best regulated governor that can be ; much lesse if an arbitrary governor , or one that abuses his power be here understood . for though government be a necessary medium for the preservation of man considered in a lapsed condition , yet this or that form of government , is not alwayes so much as a medium : arbitrary jurisdiction is so farre sometimes from being a blessing , that it is a very pest to the people of god . and if it arrive not at the efficacy of a true medium , how can we imagine it an end in any respect whatsoever ? neverthelesse if there were not fraud in royalists , when they speak of the power , and honour of princes generally , if they did not under those termes comprehend that arrogant tumor or grandour of mind which is incompatible with brotherly demeanour , and so is precisely forbidden by god , we should not so curiously distinguish at this present betwixt a mean , and a sole or meer mean . but now it behoves us to be very strict , and therefore to use the words of cicero upon this , eo referenda sunt omnia , iis qui praesunt aliis , ut ei qui erunt eorum in imperio sint quam beatissimi . this seems a hard saying to our royalists , must princes do nothing at all but in order to publick good , and are they bound to promote such as live under their command to all possible good , ut sint quam beatissimi ? this goes very farre ; this makes the power , honour , of supreme rulers so meerly subservient , and subordinate to the publick good , that to compasse that at any time , nay or to adde any scruple of weight unto the same , it is bound wholly to postpone or deny it self . vt gubernatori cursus secundus , medico salus , imperatori victoria : sic moderatori reipub. beata civium vita proposita est : so in another place sayes the same author , and this we may suppose he learn'd not onely out of the discourses of aristotle , and plato , as he was a phylosopher , but out of his state practise , as he was a noble senator and magistrate in rome . we read of multitudes of heathens , both greeks and romanes who had great commands , yet lived and died very poore , either by neg●●●●ting their own particular affairs , or by spending their own means upon the publick . and therefore as salvian saies of some of them to our shame , illi pauperes magistratus opulentam rempub. habe●ant , nuuc autem dives potestas pauperem facit esse rempub. adrian the emperour did often say both to the people , and in the senate of rome , ita serempub . gesturum ut sciret populi rem esse , non suam . and for this cause some princes have deserted their thrones , others have bitterly complained against the perpetuall miseries of soveraignty , as being sufficiently informed that to execute the imperiall office duly , was nothing else but to dye to themselves , and to live only to other men . this does absolutely destroy that opinion , which places the good of kings in any rivalty with the good of states . for if antonius pius could truly say , postquam ad imperium transcivimus , etiam quae prius habuimus perdidimus ; how farre distant are they from truth which makes kings gainers , and subjects loosers by their inthronization ? m. anton. phil. having by law , the sole , intire disposition of the publick treasure , yet upon his expedition into scythia , would not make use of the same without the senates consent , but professed openly , eam pecuniam , caeteraque omnia esse senatus populisque rom. nos enim usque adeo nihil habemus proprium , ut etiam vestras habitemus aedes . how diametrically opposite is this to that which our state-theologues doe now buzze into the kings eares ? they instead of giving the subjects a just and compleat propriety in the king , resigne the subject and all that he possesses to the meer discretion of the king , instead of restraining princes where the lawes let them loose , they let loose princes where the law restraines them . but our royalists will say , this is to make the condition of a king miserable , and more abject then a private mans condition . for answer to this i must a little anatomize the state of a prince . for a prince is either wise , and truly understands the end of his promotion , or not ; if he be not wise , then he is like a sottish prisoner loaden and bound with golden fetters , and yet is not so much perplexed with the weight , as inammor'd with the price of them . then does he enter upon empire , as if he went only ad au●eam messem , as stratocles , and dramoclidas had use to make their boasting in merriment ; but these vain thoughts serve onely to expose him to the traines of flatterers , and court-harpyes , till having impoverisht thousands to inrich some few , and gained the disaffection of good men to be abused by villaines , he never reads his errour till it comes presented to his eye in the black characters of ruine . the same wholesome advertisement commonly which first encounters him ( as that hand-writing did which appear'd to belshazzar in his drunken revells ) lets him understand withall , that all repentance will be too late . if the prince be wise , then does he sit amongst all his sumptuous dishes like damocles , owing his life perpetually to the strength of one horse haire : and knowing that nothing else saves his head from the swords point : then must his diadem seem to him as contemptible , or combersome as seleucus his did , who confidently affirmed that no man would stoop to take it from the ground , to whom it was so perfectly knowne as it was to him . and it was no wild , but a very considerate interpellation of some other sad prince , who being to put on the crowne upon his owne head amongst all the triumphant attendants of that solemnity could not but break out into this passion . o thou deceitfull ornament , farre more honourable then happy ; what man would stretch forth his hand to take thee out of the dust , if he did first look into the hollow of thy circle , and seriously behold the throngs of dangers , and miseries that are there lodged ? secondly , a prince is either good , and applies himselfe to compasse the end of his inauguration or not , if hee bee not good , then does he under the majesticall robes of a god , act the execrable part of a devill , then does he imploy all those meanes and helps which were committed to him for saving purposes to the destruction of gods people , and to the heaping up of such vengeance to himselfe , as scarce any private man hath ability to merit . how happy had it bin for tiberius , for nero , and for a hundred more , if they had wanted the fatall baites of royalty to deprave them , or the great advantages of power to satisfie them in deeds of lust , and cruelty ? neroes beginning , his quinquenium shewes us what his disposition was as a meer man ; but the latter part of his tragicall raign shewes us what the common frailty of man is being overcharged with unbounded seigniory . amongst other things which made caius appeare a monster and not a man , suetonius in the first place reckons up his ayry titles of pious most great , and most good &c. his impiety made him so audacious as to prophane these sacred stiles , and these , sacred stiles made his impiety the more black , and detestable . if the prince be good , then as sencca saies , omnium domos unius principis vigilia desendit , omnium otium illius labor , omnium delitias illius industria , omnium vacationem illius occupatio . and in the same chapter hee further addes , ex quo se caesar orbiterrarum dedicavit , sibi eripuit , & siderum modo , quae irrequieta semper cursus suos explicant , nunquam illi licet nec subsistere nec quicquam suum facere . 't is true of private men ( as cicero rightly observes ) ut quisque maximè ad suum commodum refert quecunque agit , ita minimè est vir bonus . but this is much more true of publick persons , whom god and man have by more speciall obligations , confined to publick affaires only , and for that purpose raised above their own former narrow orbe . o that our courtiers at oxford would admit of such politicks , and blush to publish any directly contrary ? then would these raging storms be soon allayed . but alas , amongst us , when the great counsell desires that the kings children may not be disposed of in marriage without publick privity , and consent , all our peace and religion ( being nearly concerned therein ) it is answered with confidence , that private men are more free then so . so when the election , or nomination of judges , commanders , and counsellors of state is requested , 't is answered , that this is to mancipate the crowne , and to subject the king to more exactnesse in high important affaires then common persons are in their lower interests . till machiavells dayes , such answers never durst approach the light , but now princes have learnt a new lesson ; now they are not to look upon the people as gods inheritance , or as the efficient , and finall causes of empire , but as wretches created for servility , as mutinous vassalls , whose safety , liberty , and prosperity is by all meanes to be opposed , and abhorred , as that which of all things in the world is the most irreconcileably adverse to monarchy . salust a heathen complaines of his times , that instead of the ancient roman vertues , they did entertain luxury and covetousnesse publice egestatem , privatim opulentiam . that which he complained of as the symptome of a declining state , we christians cry up as a rare arcanum imperii : to make the court rich , and keep the countrey poor as in france , is held the most subtile art of establishing a prince . trajan a pagan was an enemy to his owne safety further then it could stand with the safety of the state , as pliny writes ; and would not indure that any thing should be wisht for to befall him , but what might bee expedient for the publick . nay hee appeal'd to the gods to change their favour towards him if ever hee changed his affection to the common-wealth . yet clergy men now in holy orders , advise princes not only to preferre themselves , before the people , but even to propose the peoples poverty , as the best mean to their wealth , and the peoples imbroyling the nearest passage to their safety . cicero out of plato gives princes these precepts , so to provide for the peoples commodity , as in all their actions to have relation to the same , and utterly to forget their private advantage : and in the next place to extend their care to the whole body of the common-wealth , and every part of it . our divines on the contrary think they cannot speak more like themselves then by inverting this order : making the kings profit the sole scope of his aimes and actions , and the peoples either secondary thereunto , or which is worse inconsistent therewithall : and so farre are they from taking any consideration of the whole body , that if the major part bee not condemned to slavery , and poverty , they conceive the weale of the whole is exposed to great hazard . it is to be noted also , that we christians are not only degenerated in our politicks and become more unnaturall then gentiles , but even we also amongst christians which have been born under regular governments , doe more preposterously let loose the raines of soveraignty , then those gentiles which knew no such regulations . seneca under the roman empire sayes , non licet tibi quicquam tu● arbitrio facere . his reason is , magna fortuna , magna servitus . in england this would now be treason , if not blasphemy against god and the king , we must bee so far from saying that our king ( though hee pretend not to an absolute prerogative ) is a servant , that we must not say he is universis minor : wee must bee so farre from denying him an arbitrary power in any thing , that we must allow him an arbitrary dissent even in those things which the states of kingdomes after mature debate propose to him . maximus the emperour in his oration to his souldiers uses this expression : neque enim unius tantum hominis possessi● principatur est , sed communis totius ro : populi siquidem in ill● urbe sita est imperij fortuna : nobis autem dispensatatio tantum atque administratio principatus una vobiscum demandata est . who dares now avow at court that the whole nation of england hath a true interest and possession of this crowne , and that there is nothing therein committed to the king , but the office and charge to dispense , and manage the same together with the people , for the peoples best advantage ? that which was true at rome when there was neither religion , nor perfection of policy to bridle tyranny is now false , dangerous , trayterous in england , amongst the most civill , and knowing christians that ever were ; what can be now spoken more odious in the court of england , then this undeniable truth , that the king is a servant to the state , and though far greater , and superiour then all particulars ; yet to the whole collectively taken , a meer officer or minister ? the objections of our adversaries against this truth are especially these two . first , they say the end is not more honourable , and valuable then the means : and , secondly , it cannot be so in this case , because ( they say ) it is contradictory in sense , and a thing impossible in nature to be both a servant , and a lord to the same state . as to the first objection , whereas the example of our saviour is produced to prove , that some instruments may be of more dignity then those ends for which they are ordained : we answer , our saviour though hee did by his blood purchase our redemption , yet was in the nature of a free and voluntary agent , he was not design'd to so great a work of humiliation by any other cause then his owne eternall choice : and therefore since hee receives no ordination or designation from those whom hee came to redeem , nor had no necessary impulsion from the work it selfe of redemption , but was meerly moved thereunto by his owne intire {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , wee say he was not our mean or instrument , but his owne ; and whereas the example of the angells is next alleadged : we answer also , that their ministery performed unto men is rather a thing expedient , then necessary ; and it is not their sole or chiefe ministery , neither doe they perform the same as necessarily drawne thereunto by any motive from man , as being the immediate end of their ministery , but their service is injoyned immediately by god , and so god , not man is the true scope of their attendance . lastly , whereas it is prest , that the advocate is ordained for the client , the physitian for the patient , &c. yet it is frequently seen that the advocate is better then his client , the physitian then his patient , &c. we answer , every particular advocate or physitian is not to be compared with every particular client or patient , but it is true in generall that the skill and art of the advocate and physitian is directed in nature not so much for the benefit of him which possesses it , as of him which is served by it ; and therefore aristotle in the . phys. cap. . affirmes truly that the physitian cures himselfe by accident , as the pilot wafts himselfe by event , it being impossible that he should waft others , if hee were absent . in all arts that which is principally intended , is the common benefit of all , and because the artist himselfe is one part of the whole body , consequently some part of the benefit redounds to him . so after the same manner hee that sits at the helme of a state amongst others , steers the same for his own ends , but according to plato , and and cicero both , his maine aime , his supreame law , ought to bee salus populi ; it is a fit title for princes to be called {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , and wee know in a philosophicall understanding , the shepheard , though by kind farre more excellent then his charge , yet in quantum a shepheard , considered meerly in that notion with respect to his charge , is subordinate and bound to expose himselfe for his sheep . it is our saviours saying , and it was crowned with our saviours practise , bonus pastor ponit vitam pro ovibus . besides , advocates , physitians , &c. as they voluntarily choose their owne professions , perhaps intend their own private profit in the first place , the publick in the second , such is the perversenesse of humane nature ; but as the state designes , or authorizes them , that intends publick ends in the first place . i passe now to the second objection which maintaines lord and servant to be incompatible ; our tenet is , that kings may have supreame majesty as to all individuall subjects , yet acknowledge themselves subject to the whole state , and to that supreame majesty which flowes perpetually from that fountaine . in briefe , according to the old received maxime , the greatest monarchs in the eye of law , policy and nature , may be singulis majores , universis minores , they may obtaine a limited empire , or sub regno graviore regnum . our adversaries though they cannot disprove , yet they much disrelish this doctrine , they cannot say it is impossible ; for all democracies , aristocracies , mixt and limited monarchies make it visibly true : nor can they say it is incommodious , for there are more mixt and limited states then absolute ; and those which are mixt , and limited , are more civill , more religious , more happy then those which are not . these things are beyond all doubt , and debate . the question then is only , whether absolute princes , that is , such as have no persons to share in power with them , nor no lawes to circumscribe their power for them , be not as meer servants to the state , and as much obliged in point of duty to pursue its publick interest , as they are lords over private persons , and predominant over particular interests . many of the authorities before cited make good the affirmative , and many more may be alleaged to the same purpose : and the rule of finall causes , makes it beyond all contradiction , that there is a certain service annexed to the office of the most independent potentate . nefas est , ( sayes alexander severus ) à publico dispensatore prodigi quae provinciales dederant . he contents himselfe with the name of a publick steward or treasurer , and confesses that hee cannot mispend the common stock intrusted with him , without great sinne and injustice . maximus also ( as was before recited ) challenged no more in the empire then a kind of commission to dispense , and administer ( they are his owne very words ) the affaires of the empire with the state . and therefore seneca gives this admonition , that the emperour should make his account , non suam esse rempub. sed se reipub. and this was that service ( the very word it selfe is servitus ) which tiberius complained to be layed on his shoulders so miserable and burthenous , as sueton. writes in the life of tiberius . it was recorded in commendation also of nasica , that hee preferred his countrey before his owne family , and did account no private thing his owne , or worthy of his thoughts in comparison of those things , which were publickly advantageous ; ut enim tutela , sic procuratio reipub. ad utilitatem eorum , quibus commissi sunt , non ad eorum quibus commissa est , gerenda est : here the office of a magistrate is a procuration , he is taken as a guardian in socage , and the end of his office is the utility of those which are committed to his trust , not his owne . to conclude the lawes of the empire were very full , and cleer in this , and many more histories might bee brought forth to give more light and strength in the case , but there is no need of any . if any honest patriot neverthelesse think fitter to use the name of father then servant , i shall not wholly gainsay therein . my wish is , that subjects may alwayes understand their right , but not too rigorously insist upon it ; neither would i have them in private matters look too much upon their publick capacity : princes also may without indignity to themselves , at some times condescend to such acknowledgements of the peoples due , as is not so fit to be heard from any mouth , but their owne . happy is that king which anticipates his subjects in submitting his own titles , and happy are those subjects which anticipate their king in submitting their owne rights , and happy are both , when both thus comply at the same time . neverthelesse , if it may be ever seasonable to urge a verity with strictnesse , princes are not to be called fathers of their subjects , except taken divisim : but are meer servants to the people taken collectim . how erronious then are they , and how opposite to the end of government , which are so far from making kings servants to the people , that they make the people servants to kings ; whereas the lord doth not rule for the profit of his servant , but by the profit of his servant compasses his own . servile power is tolerated , because it tends to the safety and good of him that is subject to it ; but as aristotle holds , . pol. c. . the master in protecting his servant does not look upon his servants ends herein , but his own , because the losse of his servant , would be a losse to his family . therefore this kind of authority is not to be indured in a state , because it is incompetent with liberty , provided onely for slaves , and such as have no true direct interest in the state : whereas finis justi imperii ( as ammianus writes ) and as has been confirm'd by many other proofs : vtilitas obedientium aestimatur , & salus . but you will say , it is more reasonable that subjects should remain under the condition of servants , then he which has authority over those subjects , and is in place far above them . i answer : that end to which princes are destin'd , viz. the common good , or {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , as one cals , or {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , as another cals it , or cura salutis aliena , as another cals it , is so excellent , and noble , that without the inconvenience of servility , they may be servile to it . the truth is , all things that are in the nature of means and instruments are then most perfect , and intire , when they are most fit , and conducible to accomplish the end for which they are prepared . so aristot. delivers in the . metaphys. and so averroes , and thomas thereupon . t is to quarrell against god , and nature , to except against that true and proper end which god and nature hath design'd to any person or thing . the greeks called excellence {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} from {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} ; and the romanes called it perfectio , because that is perfect , or consummate which approaches nearest to its end . t is not onely therefore to be said , that that is a perfect , or intire state , wherein the governor executes all things in order to the common good , but he also is a perfect , and intire governor , which bends all his actions to that purpose . for if we look up to almighty god , we must needs acknowledge that he is most truly represented and personated by such a deputy as refers all things to publick good . for god is goodnesse it self , and there is nothing more essential to goodnesse , then to be diffusive , and god has no end of addition or profit to himself in making heaven , or earth , angels or men . next if we look upon nations , they ever retribute most honour , and repay most dutie , love , and gratitude to such princes as are most free from particular aymes . that reigne which supports it self by terror is accompanied with hatred , and danger : but that which found it self upon love , is truly majesticall , safe , and durable . for in part the princes happinesse is involved in his subjects , and he does more partake in their flourishing condition , then they in his private advantages . if cicero can say , nistrum dicamus esse , quicquid bono principi nascatur : the prince may say as truly , principis est quicquid est omnium . therefore does aristot. . ethic. c. . maintain , that kings do not regard their own particulars , but the community of their subjects ; because there is a self-sufficiencie , and perfection in good kings whilest they cannot be said to want that , which their subjects have . queen elizab. by her publick actions doubted not to win her subjects hearts , and being possessed of her subjects hearts , she doubted not but to command both their hands and purses , and what else could she want to make her truly great and glorious ? next , if we look upon princes themselves , they have gallant , capacious , and heavenly souls , which know no bounds in their affections but the community it self , over which god hath placed them : but they are ever narrow of heart , poore of spirit , and weak in judgement , that prefer themselves , and their own profit , or rather a shadow of profit , before the whole flock of god , and that which is indeed reall , and substantiall glory . plato supposes that nature in the composition of common people used the courfest metall in the composition of souldiers , and the middle rank silver ; but in the production of chief commanders , the purest sort of gold . his meaning is , she infused higher and better principles , where the confined to greater and nobler ends . lastly , if we look upon the nature of the end it self , we shall see there is not that servility in it as is supposed , it differs toto genere from that preposterous end , which would make whole nations servile . for if it be slavish , and base , to have the true good or prosperity of millions postponed to the false good and prosperity of one man , sure it is directly the contrary , for one man to abdicate that which has but the shew of his single benefit in comparison of that which apparently is the true benefit of millions . servility and slaverie ( if it be rightly defined ) is that odious and unnaturall condition , which subjects and necessitates a man to a false end , or to such an end , as god and nature in his creation never did intend him for . now this definition does not agree with that condition of a prince , which subjects , and necessitates him to publick ends . let then all princes from hence learn to renounce machiavils ignoble , fordid principles , and let them industriously aspire to the true excellence and perfection of that publick divine end , for which they were ordained . let them think it more glorious , and better beseeming imperiall dignity , to be accounted the love , and delights of mankind , as titus was ; then the seducers of israel , as jeroboam was . let them zealously imitate augustus , who found rome built of brick , but left it all beautified with marble ; rather then nero who consumed both brick and marble with fire , and reduced all to ashes . let them follow that prince , who preferred the saving of one subjects life , before the slaughtering of a thousand enemies ; rather then such princes , as usually value the life of one traytor , before the peace and safety of divers kingdoms . to conclude , let the publick good of their subjects , ( being the true end of their royaltie assign'd both by god and man ) be the measure of their actions , the touchstone of their politicks , the perfection of their laws , the determination of their doubts , and the pacification of all their differences . we have now seen who is the architect , and what the true intent is of the architect . let us in the third place take view of some frames and erections to gain more light from the parts , and fashions thereof . and first let us take notice of such politicks as scripture affords from adam to moses ; and next from the introduction of the law till the incarnation of our saviour : then let us inform our selves of that empire under which christianity began first to spread ; and lastly , let us draw down to our owne times , and survey our owne fabrick . the first species of power , which had a being in the world ( for the word power is applyed diversly ) was maritall : and this we conceive to be something more then meer order , but not so much as jurisdiction ; for these reasons . first , the scripture saies , the man , and the woman were made one flesh , or one person ; and they were so conjoyned in their interests , that the love of son and father was not so strong , as this conjugall tye . this makes a coercive power improper , when man is to use it upon his own members : for man is not said justly to have any jurisdiction over his own parts , or members ; t is a kind of solo●cisme in nature . vbi tu caius , ibi ego caia , so said the old roman law , and god in the fifth commandement allowes the same degree of honour to the mother as to the father . secondly , if the husband have such a coercive power , it is so arbitrary that he may proceed to what degree of rigour he pleases , even to death it selfe ; for as hee hath no law to bound him , so hee hath no equallito controll him : nay , he is not judge only , but informer , witnesse , and executioner also : and nothing can bee more extreame , and rigid then this . thirdly , the wife ( admitting such a jurisdiction of the husband ) if in all cases remedilesse and destitute of appeale ; though there bee more bonds of duty , and awe , to restraine her from being injurious , disobedient and unnaturall to her husband , then to withhold her husband from abasing his authority , ( and this ought rather to exempt her , then him ) yet in this case , for him there is no controll , and for her there is no redresse . fourthly , there is no mention precept or precedent in scripture , to countenance any coertion of this nature , unlesse we will call that of divorce and repudiation so ; and that also seemes discountenanced by our saviour , except in case of adultery . fifthly , we see in all nations the power of husbands is regulated by the publick civill power ; which if it were from nature , before civill power it could not justly be repealed , nor merit to bee altered . contra jus naturale , non valet dispositio humana . when vashti the emperesse would not submit to the command of him who was both her husband and prince , a law was made to punish that contempt , and the like offences , and till that law was made , it was not thought fit that the jurisdiction either or husband or prince should be exercised against her . t is sufficient therefore that nature teaches wives to look upon their husbands interests , as their own , and their persons as themselves ; and to acknowledge them their lords , as god has indued them with more majestie , strength , and noble parts : and to be submisse as they were created of and for men : and if then nature prevails not , recourse must be had to an impartiall judicature , where either party may be indifferently heard : for there is no more justice intended to the one , then to the other , nor can injustice be more feared from the one , then the other . so much concerning maritall power , and to shew that nothing can be rightly extracted out of it , for the licensing of arbitrary rule in the state . wherefore i passe to paternall power . the second species of power which succeeded in the world , was that which parents have over their children : and this also we conceive to exceed meer order , but not to equall jurisdiction , or at least absolute jurisdiction ; for these reasons : first , because t is apparent , that in the family the power of the mother does participate with the power of the father , and by its mixture and co-ordination cannot but be some qualification to its rigour . secondly , take children before they are of maturity , and there needs no other scepter , but a twig to awe them ; and take them to be of full age , and then they spread into families themselves , and rise to the same command in their own houses , as they were subject to in their fathers . it were unjust also that parents should claime any jurisdiction to hold their children from marriage , or to usurp so over them after marriage , as they may not command in the same manner , as they are , or were themselves commanded . thirdly , nature with a very strong instinct breaks the force of paternall empire , by turning the current of affection rather from the father to the son , than from the son to the father : it rather makes the father , which is the root , convey sap to the son , which is the branch , than on the contrary : and therefore the naturall end of the father , is not his own good only , but his whole families , ( according to aristotle ) whereas , take him in the notion of a master , and so he regards his own good in the first place , and his servants in the second , only as it conduces to his . fourthly , if parents had an absolute jurisdiction over their children , even to life and death ; then children , which in the eye of policie , are sometimes many in number , and of more publike value then their parents , might be opprest without all meanes of remedie : and this may prove mischievous and unequall , and not fit to be referred to natures intention . fifthly , in all civill countries , where government is established , there are lawes to over-rule parents as well as children , and to provide for the safetie of children as well as parents : and where no government is yet established , there is no president of such jurisdiction . upon the murther of abel , if the right of a father had intitled adam to the same power , as the right of a prince useth to doe , adam ought to have arraigned cain at his bar , and to have required blood for blood . but we do not find that adam did claim any such power , or sin , in not claiming it : we find rather that the whole stock of mankinde then living , were the judges that cain feared : and there is reason why they should be more competent for such a tryall then the father himselfe . when there were no kings , no judges in israel , the people by common consent did rise up to vindicate common trespasses ; and god so required it at their hands . but if judgement should be left to parents only , much injustice might be expected from them , which is not so much to be feared from the people not yet associated : for the offence of the son is either against the father , or some other : if against the father , then is he judge in his own case ; and that is dangerous ; the father may be partiall to himselfe : if against another , then the father is a stranger to the plaintiffe , not to the defendant : and that is more dangerous , in regard that partialitie is more to be feared . the paternal right of adam might better qualifie him for rule , whilst he lived only amongst his own descendents , than any other pretence could any other particular person amongst his descendents : but it did only qualifie , not actually constitute : and since adams death , none but noah could pretend to the same qualification . the right of fathers is now in all fathers equall ; and if we doe not grant , that it is now emerged or made subordinate in all great associated bodies , by that common authoritie which extends over all , we must make it incompatible with common authoritie . 't is true , bodin is very zealous for paternall empire ; and he conceives , that the publique courts of justice would not be so full of suites , if this domesticall jurisdiction were not too far eclipsed thereby . but 't is well answered , that bodin , in this , doth not aime at the totall cure of contention in the state : his only ambition is , to ease the publique courts , and to fill private houses with more vexations and unnaturall contestations . the romane law was very rigid against children ; and bodin supposes that law was grounded upon the law of nature : but we know it never was received in all nations , neither is it now in force almost in any nation : and whereas bodin appeales to gods law , deut. . we desire no better determination ; for the very words of the law there , give the definitive sentence to the elders , and the execution to the whole city : the parent hath no part , but that of the witnesse , left to him ; neither indeed can any man be thought more unfit either to judge , or to execute , nay , or to be a spectator of the rebellious executed son , than the father himselfe . civilitie hath now so far prevailed even in the imperiall law it selfe , that parents may not causelesly abdicate or dis-inherit children ; nor is that held a good testament , wherein the sons name is totally omitted ; nor if ingratitude , or disobedience , or any other cause be alleadged against the son , is the father left solely to his own judgement in that cause . we doe allow , that parents are gods to their children , and may challenge great pietie from them ; and that , in nature , their offices of kindnesse are of grace , and not of duty ; whereas no office of the child is of grace , but of meere duty : yet this destroyes not law , or the interposition of publique authoritie . the fathers right in the son , is not so great as is the countries . cicero saith very well , patria una omnium charitates complectitur . the father therefore must not use his inferior right to the prejudice of a higher . nay , the father is not only restrained by law from acts of injustice , the same being in him more to be detested than in a stranger : but he is of duty to perform all such pious offices also , as the infirme condition of children stand in continuall need of . and this duty , though the child cannot challenge as proportionable to any merit in him , yet the state shall injoyne as necessary , and righteous , and altogether indispensable . nay , suppose our crown escheated , or suppose any body of men not yet associated ; yet still we maintain , the father ( not as animal sociatum , but only as animal sociale ) owes a preservation of his issue , for the common good of mankinde ; and cannot deny payment of the same , without great injustice to humane nature . we may conclude then , that this paternall rule being so far divided and limited in point of losse of life , libertie , or other properties , wherein there is a rivaltie or concurrence of a common interest : and so far clogged with pious duties and tender respects , will be very unapt to lend any testimonie for rigorous , boysterous prerogatives in princes . the next kind of power visible in the world , was fraternall : for the father being dead , the eldest son is supposed by some to have inherited his dominion , or at least to have attained to some superioritie over his younger brethren . much might be said to prove , that fathers did not transmit all their power to their eldest sons ; for so there had remained but one monarch in the world : and the story of abraham and lot sufficiently disproves this fond dreame . but take it for granted , and yet the same answers which make conditionate the power of the father , must in the same manner be applied to the power of the brother . philosophie tells , that the cement betwixt brother and brother , is in some respects more knitting than any other whatsoever : for the cement of love betwixt husband and wife , is equall , but not naturall ; the cement betwixt father and son is naturall , yet not equall ; but the obliging power of amitie betwixt brother and brother , is both equall and naturall : and this is no sure preparation for superioritie . majestas & amor non bene ●onveniunt . and therefore 't will be superfluous to answer any farther to this point . our next transition then will be from fraternall power to that of masters or lords , which from the greek we terme despoticall , from the latine , herile . this power gives the lord an absolute , arbitrarie interest in the slave ; and it cannot be called jurisdiction , because it proposeth no ends of justice in it selfe . a slave ( according to aristotle ) is he , who is so wholly his lords , as that he hath no propertie remaining in himselfe : he only lives , or hath a being to his lord ; but is as dead , nay nothing to himself . whatsoever may be acquired by him . whatsoever may accrue any other way to him , it rests immediately in his lord : and his person , his life , all that nature hath endowed him withall , is so his lords , that at discretion he may be beaten , tortured , killed , or libidinously used , &c. his very lord is not called his , as he is called his lords : for he is his lords absolute possession , as a horse , or any reall or personall chattell is : but his lord is his , only secundum quid , as he beares rule over him : in all other things the lord retaines his own state , person , libertie and right ; neither doth he refer to the slave , but in a limited respect . hereupon it is much controverted , whether servitude be agreeable to nature , or no ? and as naturalists doe generally hold it affirmative ; so our civilians are strong for the negative . wherefore for the stating of this , we must know , that servitude is largely taken by aristotle , and not distinguished from order in nature , or that power which man hath over sensitive and vegetable things , or that jurisdiction which intends publique good , and the distributing to every man that which is his own . this caused that error . we must understand also , that when lawyers maintaine all men to have been equall by nature , and free ; their meaning is , that no violent , noxious , unvoluntarie inequalitie , or restraint , had its introduction from nature . so the true question is but this ; whether that power of a lord , which is unlimited , over his slave , be in any kind profitable for the slave , good for the state , or expedient for mankinde , or no ? if it be , it may have a foundation in nature ; if not , it is otherwise . and whereas aristotle presupposes , that there are some men so servile by nature , and so nearely approaching to bruit beasts , that they cannot governe themselves , nor live but by the soules of other men : we may not reject this , yet wholly reject dominicall-power notwithstanding . for first , that dominicall-power which we oppose , is unnaturall ; it is such , as has no eye at all upon the good or conservation of the slave , or at least , none but secundary ; the very definition of it leaves the slave utterly disinherited of himself , and subject to his masters sole ends : now that which tends not to the preservation , is not naturall , but violent , and consequently , to be abhorred . secondly , there can be no condition of man so servile or brutish , as to require an arbitrary subjection : nature has not exposed infants to this rigour , no nor beasts , and therefore much lesse any that have a larger use of reason : this condition does make government absolutely necessary ; but absolute government it does not prove so much as expedient . thirdly , if this condition did justifie dominicall-rule as to that respect , yet this justifies it not generally , and as the world has ever hitherto used it , and as it is commonly understood : no generous minde , no knowing man , no polititian ought to be mancipated by this ground ; and yet we know well , slavery hitherto has observed no such distinction in the world . fourthly , servile government does not onely shew it self iniurious and violent in devesting the propriety of those which are subjected to it , but also the more publike and sublime propriety ; which the common-wealth , the society of mankinde , nay god himself has in the parties enslaved . if the lord may destroy his slave at pleasure , then he may destroy that , which in part is belonging to another : then the condition of a slave is worse than of a beast , or any inanimate cattels ; and this is most unnaturall , and publikely detrimentall . sic utere tuo , ne noceas alieno : sic utere privato , ne noceas publico . these are maximes that restrain men from the abuse of any other things ; nay , by these rules , no man may abuse himself : yet these restrain not from abusing slaves ; these deny not , but a lord may have a more confined power over his slave , than he has over himself . seneca would not admit , that the masters right in the slave should derogate from the right of himself in himself , much lesse of others ; therefore doth he most admirably expostulate , thus : servi sunt ? imò homines . servi sunt ? imò contubernales . servi sunt ? imò humiles amici . servi sunt ? imò conservi . his conclusion is , cum in servum omnia liceant , est aliquid quod in hominem licere communius velit . here is a difference observed between the nature of the servant and the nature of the man : if thou may'st tyrannize over him as he is thy servant , yet thou may'st not as he is man : if the misery of one capacity have exposed him to thy cruelty , the priviledge of the other capacity ought to recommend him to thy favour : if the more base relation of servant entitle thee to domineer , yet the more noble relation of man checks the insolence of that title . fifthly , arbitrary government does not onely rob slaves of that naturall interest which they have in themselves , and states of their publike interests which they have both above lords and slaves ; but it is often a very strong incentive to cause an abuse of that usurped interest . the story of vedius pollio may make this good , and suffice instead of thousands that might be produced . this pollio had a pond stored with lampries ; and as he kept the lampries for his own food , so his wicked use was to cast the bodies of men into the pond , to feed the lampries . augustus the emperour came by chance as a guest to his house ; and , during the entertaiment , a crystal-glasse was broken by one of his slaves that attended . the slave knowing his lords cruelty , and fearing to be thrown into the lamprie-pool , and so made to die an unnaturall prey to fishes , fell at the feet of augustus , not supplicating for life , but some other manner of death , lesse to be abominated . the emperour , moved with compassion , became an interceder for his pardon ; and not prevailing , in abhorrence of that bloody monster , commanded the slave to be dismist , the pond to be filled up with earth , and all the rest of pollio's crystal-glasses to be broken instantly , for prevention of the like disasters . there was much grace in this ; but there had been far more , if he had dismist all the slaves in rome for the same reason , or so curbed the power of the lords , that they might not have been any longer incited thereby to such prodigious degrees of inhumanity . by the same reason also , as this unbridled license make lords more insulting , it makes those that are insulted over the more vindicatives , false , and dangerous . many horrid stories might be produced , to prove , that the cruelty of lords has always been retalliated with infidelity , hatred and desperate revenge of slaves . but some will say , slaves have been very usefull to some states ; and there are experiments , that slavery itself has been beneficiall to thousonds of slaves themselves : and it is known to all , that in the first dilatation of christianity , when slaves were every where discharged for the honour of religion , the world became full of beggars : and though hospitals and alms-houses exceedingly encreased , yet it was too little to keep many from starving , and begging up and down . hereupon , the emperour valens was compelled , by his edict , to recall into slavery again all such as had begged from door to door , and for want of industry or ingenuity could not provide for their own sustenance , and so declared themselves uncapable of the benefit of liberty . to this i make answer thus : first , slaves in all countreys and in all ages have not been treated alike : and it is manifest , that in such countreys and times , wherein they have been protected against extremity of rigour by courteous laws , they have been of some private use : but when they have been too numerous , and when they have been governed with cruelty , they have been publikely fatall , for the most part . let bodin speak to this point . secondly , where slaves are under the protection of other laws than their lords wills , and where they are truely parts and members of the state , and so regarded ; they cease to be slaves , according to our aforesaid definition . thirdly , a confused enlarging of slaves at the same instant of time , and dismission from all domesticall rule , might be prejudiciall in the infancy of religion ; but the altering of domestick rule , or changing the same from arbitrary to legall , from despoticall to paternall , and that for some certain space of time , could have bred no inconvenience : for if the meer restoring of men to a right in themselves , and a common and reciprocall right in the state , could make them uncapable of subsisting , this would extend to all nations and times ; whereas we know , we see , we daily try the contrary every where . but it will be further said , if nature it self has no ways recommended this arbitrary power over slaves ; yet the laws of nations , or municipall laws do justly permit the same . this , if it be granted , does nothing at all invalidate any thing by me undertaken : yet , for further satisfaction herein also , it is to be observed , first , that god , by his law against murther , oppression , &c. excepts not slaves more then freemen : that he equally hates sin in freemen , and rewards vertue in slaves : that he has care of slaves equally as of freemen ; and extends the price of christs blood equally to both : and in levit. . his law is peremptorily to the jews , that none of that nation shall be in bondage , or serve instar mancipii ; sed ut mercenarius , aut hospes : nay , even mercenary servants were to be set free , and to return to their kinred , and liberty with all their goods and family , vertente jubelaeo : nay , the canaanites and heathens , whom god had designed to extirpation , yet might not remain in slavery , after they did embrace the true religion ; then there was the same law to the jew and to the proselyte : the apostle is clear in this , omnes unum sunt in christo . whether they be jews or greeks , bond or free , &c. and if saint paul does perswade servants , not to withdraw themselves from their masters after conversion to christianity ; but remain under the yoke , and to honour and obey their masters : ne nomen dei , & doctrina male propter ipsorum iniquam pertinaciam audeat . this commends not at all the condition of slaves ; it onely tolerates it so far , as that where it is established by publike authority , it may not be repealed by private persons . yet we read of no slavery , till it was denounced to chams posterity , as a curse by god ; neither may we impute the sin of that slavery which ensued upon that curse , to god , as the proper and immediate cause thereof . secondly , as there is no difference of slaves and freemen before god , so neither is there in nature : slaves are men as much as their lords ; they have the same endowments of minde , the same ability of body ; they are born with the same danger , and exposed to the same miseries . thirdly , in the state , if liberty be a benefit , and may be publikely more usefull then bondage , the liberty of the servant ought to be as precious , and is of as much publike importance as the lords : nay , it often happens , that the servant has more naturall ingenuity then the master . fourthly , if we have respect to meer usage , and the custom of nations , we shall finde , that the extreme rigour of arbitrary servitude was scarce ever entertained by any , but barbarous people ; nay amongst barbarians , scarce any would inslave natives , or such as they thought of the true religion , or such as had not some way merited death by the law : scarce any but had asylum , or some other means of refuge for slaves oppressed , and brought almost to desperation : and where too much rigor was used , scarce any but found the desperation of slaves pernitious . tacitus sayes of the germans , that they were so indulgent to slaves , that they were scarce to be called slaves there . and amongst the russians , none but the prince could take away the life of his slave . the athenians allowed by law , that the complaints and suites of slaves should be publikely heard : nay , they provided for plowing oxen , by law , that they should not be abused . cadmus at thebes , and thesius at athens , erected an altar of mercy , for protection of slaves . at rome , the statue of romulus ; at ephesus , the temple of diana served for such mercifull uses ; and almost all nations had the like places for recourse of oppressed captives . the law aquilia and petronia were passed in favour of slaves , and to restraine all crueltie beyond scourging . and augustus , as also many emperors after him , when civilitie began to be illightned by christianitie , began to break the arbitrarie power of lords , and to set bounds to it , as a thing fit to be antiquated for many equitable reasons . as soon as christianitie was established , by law , provision was presently made to free all christians from slaverie and 't is now yeares , and more , since all slaverie amongst christians hath been wholly expulsed , so that there is scarce any name or memory thereof remaining . and this cannot but be attributed partly to piety , partly to equity , and partly to naturall respects . fifthly , if we have respect to law , either we must acknowledge that the commonwealth hath an interest in slaves , or not . if it hath not , what a maime , what a losse is this ? if it hath , how can such mis-improvement thereof be answered to god , or justified in policie ? if it be said , that slaverie may be inflicted as a due punishment not unsutable to naturall reason , or exchanged for death . i answer : my scope is not to prove , that arbitrarie servilitie is at some times , and to some spirits , worse than death : nor doe i wholly bend my selfe against it , as it is inflicted upon any that really deserved death , i shall only thus argue : either condemnation , and sentence of slavery passed upon the guilty , doth really put the delinquent into a worse condition than death , or not . if it doth , then it is unjust and excessive . if not , then it reserves something to the delinquent , wherein neither the right of the delinquent , nor the right of the state is wholly lost and relinquished ; and if the delinquent be dead to himselfe , and yet not to others ; then not to the state , more than to the lord ; for how can the state , which hath an interest in the lord , chuse but have an interest in that , which is the interest of the lord ? so much of this kind of power . now we orderly arrive at that power , which is the only intended subject of our discourse ; and that we shall properly call jurisdiction . we have already searched the schooles for the causes of power , both finall and efficient ; we have also ransacked the bosome of nature for all other species of power ; and yet we can find no grounds for absolute rule . we shall now therefore make enquiry for precedents or patternes , such as all ages may furnish us withall . and who now hath any competent share of reason , can suppose , that if god and nature have been so carefull to provide for libertie in families , and in particulars ; that man would introduce , or ought to indure slaverie , when it is introduced upon whole states and generalities . every thing intends its own good and preservation , and therefore when communities fancied to themselves the formes of jurisdiction , we must beleeve that they did not wholly depart from the originals of god and nature , but rather copy out of those formes whatsoever was best and most soveraigne in each . howsoever 't is granted on all sides , that princes and supreme commanders , in all ages and countries , have differed in the latitude of jurisdiction ; some have been more absolute , others lesse . now since this did proceed from divers reasons , and hath produced divers effects ; let this be the subject of our discussion . the nature of man-being depraved by the fall of adam , miseries of all sorts broke in upon us in throngs , together with sin ; insomuch that no creature is now so uncivill and untame , or so unfit either to live with , or without societie , as man . wolves and beares can better live without wolves and beares , then man can without man ; yet neither are wolves nor beares so fell , so hostile , and so destructive to their own kinde , as man is to his . in some respects , man is more estranged from politicall union than devils are : for by reason of naturall disparitie , the reprobate angels continue without dissolution of order , and shun that confusion amongst themselves , which they endeavour to promote amongst men . but amongst men , nothing but cursed enmitie is to be seen . when aristotle sayes , that men doe associate by instict of nature , for ends of honestie , as they are communicative creatures , as well as necessitie and safetie : he rather intimates what we should be , than what we are ; and tells us what we were created , rather than what we are being now lapsed . we must insist upon necessitie therefore , as the main ground and end of policie ; and besides order , and the lawes of god and nature , we must finde out some more particular constitutions , to cement us , and to hold us fast bound together . though the times of adam were not uncouth , as ours now are , yet even then the common consent of mankinde ( that which we now call , jus gentium ) was too slack iand loose a bond , to keep the world from dissipation . whilst the universe was but one intire house , united under one common father , in whom all tyrannous thoughts were contrary to the worst suggestions of nature ; whilst the neare relation of blood was fresh , and unobliterated ; whilst the spacious surface of the earth ( not yet thronged with plantations ) afforded few baites of avarice , or objects of ambition , or grounds of difference betwixt brother and brother ; whilst so many umpites of equall distance in blood , were at hand to interpose , in case any difference did unhappily arise ; the raines of government might hang more loose and easie upon the necks of men . yet even the infancie of the world , we see , required something more than the rod to over-awe it , and some other severer hand than a fathers , to shake that rod : nay , if abel fall by the bloody hand of a murtherer , ( who hath no other provocation given him , but the pietie and devotion of his nearest allie ) little expiation or justice is to be expected from the common assembly of the whole body . how long it was before families did incorporate , and grow up into cities , and cities into states ; and how long it was before cities and states did frame laws , and settle magistrates to enforce those laws , is dimly and obscurely set forth , either in the book of god , or other authors : but we may very well guesse , by the many small petty principalities that we read of in all ancient chronicles , either divine or profane . that regiment in the first ages of the world was rather too milde and finewlesse , than too violent and rigorous : where the territories are narrower , the managery of affairs is the easier ; and where the scepter is more easie to be swayed by the prince , it is more gentle to be born by the people . were it not for fear of forreign infestations , smaller seigniories were best constituted and disposed , for peace and duration : and because they require no large prerogatives , but rest satisfied with little more then paternall power , the people are lesse jealous of their lord , and they , consequently , have the lesse occasion to be harsh to the people . nimrod is registred with the title of a great hunter ; but whether he had that addition given him for enlarging the confines of his dominion , or for acquiring a more unbounded prerogative , or for exercising his power more insolently , is not declared : besides , it is left utterly uncertain , whether nimrod laid his foundation upon force , or consent ; whether he did by his tongue or his sword drive and hunt men out of woods and wilde recesses into towns and cities : for that force by which he did prevail , can hardly be supposed to be it self wholly forced . it is left also as dubious to conjecture , how far consent was left by nature ; for if order , and right of succession , did give the rule according to primogeniture , then all mankinde must have been subjected to one crown ; whereas , if primogeniture were wholly neglected , and every father or brother left independent in his own family , to associate or not at his pleasure , then rule would have been crumbled into atomes . to avoid therefore surmises , and the dark labyrinths of our primative-records before the flood , and immediately following , let us fall lower , upon the story of abraham , moses , david , and such as succeeded them . the people of god , at severall times , were under either several forms , or several degrees of power and jurisdiction : that soveraignty which abraham and the patriarchs had , was not the same as that which moses and the judges had ; neither had moses and the judges the same as saul and the kings ; nor yet had saul and the kings the same as cyrus , and the persian emperours . it is disputed much by some , whether the patriarchs and judges before sauls days had regal-power or no : some say , their power was regal ; others say , it was but aristocraticall : and others ( more judiciously , in my opinion ) say , it was mixt of both . one says , that , after the flood , till nimrods usurpation , men lived under the empire of single commanders , who neverthelesse did not govern as kings , but as fathers : now since this is but the patern which all kings ought to follow , therefore what other meaning can this bear , but that governours in those days , having small territories , did claim but moderate prerogatives , though they were as solely supreme in the state , as fathers are in the families ? as for moses , and the judges also , it is truely said , they were no other then gods vice-roys , in regard they did go forth to battel by immediate commission , and transact many other great affairs by direction from gods own mouth : neverthelesse , this alters the case little or nothing , as to the latitude of their prerogatives ; this rather added than took honour , grandour , or jurisdiction from them ; this left them as sole a sovereignty , and as unbounded over the people , as other princes have who are gods ordinary vice-gerents . it must needs be , therefore , that that case and freedom which the people then found under gods immediate substitutes , was not procured by any further right or law , or from any other indifferent composition of government which they had belowe , from other monarchies ; but from a regulation above ; because it was impossible for their chief lord to oppresse , or do injustice , or to direct his thought to particular ends , contrary to theirs . this shews how impious and stupid a frenzie that was in the israelites , which made them weary of gods headship ; for indeed , they did not so properly create to themselves a new government , as a new governour . we cannot think that saul , being invested with style and state of an ordinary king , and discharged of such an immediate extraordinary dependence upon god , as samuel acknowledged , had thereby any new right granted him , to do wrong , or be oppressive to his subjects : his diadem did not absolve him from the true end of diadems , nor did his meer instalment ( so much against gods will and advertisement ) cancell the law of god , which forbids kings to amasse treasure into their private coffers , or to encrease their cavalries , or to provide extraordinary magazines of arms and munition , or to lift up their hearts above their brethren ; much more to employ their treasure , horses or arms against their subjects . barclay , and our royallists , offer apparant violence to scripture , when they will make god to call the usuall rapine and insolence of kings , jus regis ; whereas indeed , the word in the original signifieth nothing but mos regis , as is plain to all that will look into the same . howsoever , let the prerogative of the jewish kings be taken in its utmost extent , and take the restraint of gods morall law not to be of any politicall efficacie ; yet we shall still perceive , that the very composition of that monarchy was not without qualifications of mixture , and other limitations . the crown , it was setled upon judah , and more particularly , upon the house of david ; yet the peoples election was not thereby wholly drowned : for still , before every coronation , they might assemble to give their votes , and were not necessitated to choose any individuall person in the house of david . it appears also by the story of rehoboam , that the people might capitulate for just munities , and require some obligation for assurance of the same : and in case that was not granted , it was esteemed , and properly it might b● said , that the king did reject the people , and deny protection ; not that the people did reject the king , and deny subjection . next , there was a great colledge and councell of elders , called , the sanhedrin , consisting of princes , who had the hearing and determining of all weighty and intricate suits , unto whom the last appeal lay from inferiour courts ; and the king , without tyranny , could not interrupt or impeach the proceedings of this sanhedrin . if saul will charge david with treason , and , without all legall processe , take arms against him , untried and uncondemned , david may leavie forces of voluntiers against the followers of saul , and stand upon his justification , cum moderamine inculpatae tutelae . wicked ahab stood in so much awe of such kinde of trialls , in the corrupted state of israel , that when he coveted naboths vineyard , he durst not attempt to wrest it away by force , nor did he obtrude upon the court what sentence he pleased ; he was driven to hire perjured villains , and so by fraud to procure an erroneous judgement . it is worthy of notice also , that these elders , or princes of the tribes , who had the supremacie of judgement , were not eligible by the king , and so the more obnoxious to his commands ; but did inherite this dignity ; and for that cause were extirpated by herod , as the main obstacle to his tyrannie . besides , though the children of israel had abandoned god for their chief ruler , yet god , out of his unspeakable grace , did not utterly cast them out of his protection ; but oftentimes did extraordinarily interpose by his prophets , as he had done by princes before , for relief of his inheritance . in behalf of vriah , nathan was sent with a vindicative-message , to bridle davids cruelty : in behalf of the whole nation , groning under solomons ponderous hand , another menacing prophet was dispatched , to represse his impotent pride : and in the behalf of the ten tribes , recoyling from the same pressures under his son rehoboam , a third prophet was sent , to put a hook into his nostrils . lastly , though the jewish kings , by having the militia put into their hands more arbitrarily then the judges had before , obtained greater opportunity , and not right of oppressing their subjects : yet that militia did not consist of strangers or mercenaries , or such souldiers as had no other profession or right in the state ; nor were there constant armies and garisons kept in pay , like those of the romane praetorians , or turkish janizaries . and hence it is , that if saul , in a brutish unnaturall fury , will attempt against the life of his son jonathan , or seek to compasse any other thing subversive to the state , he cannot finde instruments barbarous enough amongst all his sword-men for his black purposes , but he shall presently meet with opposition , and forcible resistance . thus far then , we finde in the world no prints or footsteps of tyrannie , or of absolute royalty , nay , nor of royalty it self , till the peoples cursed ingratitude and folly introduced it : we must go beyond god and natures workmanship and impressions , before we can discover any thing but parentall majestie , or gentle aristocracie , or compounded or mixed monarchie . since therefore it so fared with gods people in point of liberty and safety , out of gods unspeakable favour , under patriarks , judges and kings . now let us enquire how it fared with them under those forraigne emperours , by whom they were subjugated , and made tributary . judea being seated neere the centre of the world , became obnoxious to all the great vi●ssitudes of change which happened to the foure vast over-ruling monarchies . the babylonian or assyrian first , and the persian next , from the east , spread victorious armes almost over all asia . after , from the west successively , both the grecian and roman made irruptions ; and in all these generall periods of empire , the state of the jewes had its sense and share of the calamitie . as for the two first monarchies , there is little in particular recorded , and left to posteritie in writing , concerning their true formes and compositions ; as there can no lawes be produced , by which the subjects had resigned all right of liberty and safety ; so neither can there be any produced , by which they had precisely compounded for the same . some instances only we find mentioned , that the lawes of the medes and persians were unalterable by the prince ; and by this it seemes , that the prime ensigne of majestie , which consists in making and abrogating of lawes , was not residing in the emperour alone , without the great councell of his sages . for if the king could not alter law at his own pleasure , there was some other extrinsecall power circumscribed that pleasure ; and that power must be no other , then the same which made law ; for the true legislative power it selfe can never put fetters or manicles upon it selfe ; howsoever aristotle fancies to himselfe a kind of monarchie which he calls lordly ; and this he placeth betwixt royaltie and tyrannie , making it more unbounded than that of kings , but not so violent as that of tyrants . and this dominicall rule he ascribes to the barbarians rather than unto the grecians ; and amongst barbarians , rather to those of asia , than to the europeans . asia ( it seemes ) being more rich and fertile , bred a people more esseminate and disposed to luxurie , and so by consequence more ignoble , and prone to servilitie . hereupon the asiaticks were ever extreamly despicable in the eyes of more magnanimous nations , especially the greeks , for adoring and postrating themselves with so much devotion before their princes . plutarch , speaking of divers unmanly slavish customs amongst the persians , refers that empire to the kinde of such as are absolute , and equall to tyrannicall . plato calls it , despoticall ; and aristotle says , it was then very neer approaching to tyrannicall institution . we may well then imagine . that god , in bringing such a yoke upon the necks of his chosen inheritance , did it for their chastisement , and out of his indignation ; not for their advantage , and out of his wonted loving kindnesse . as for the grecian empire , we know , alexander becoming instated with successe , and tainted with the luxury of persia , soon began to degenerate from the moderation of his own native countrey , and those politicall rudiments which his tutour aristotle had seasoned him withall : and we read how exceeding fatall it proved : he and his empire both perhaps had been longer liv'd , if he had not rendred himself odious , first to callisthenes , by his insolence ; and to all other men afterwards , for his cruelty to callisthenes . this justly administers here an occasion to us , to insist a little upon great monarchies , in that notion onely as they are great . alexander king of persia , had no more right added to be insolent , than had alexander king of macedonia ; but greatnesse of dominion did alter him for the worse : and since it doth so usually other princes , we cannot but take notice how this comes to passe ; for either the largenesse of dominion doth require a proportionable prerogative , and so enable princes to do greater mischief , and after by accident becomes a temptation and provocation to abuse that ability ; or else we must not confesse that there is any difference , in this respect , betwixt a large and narrow dominion . now that there is a great difference , is so clear , that i will not undertake any proof of it . the scripture ever , speaking of the great monarchies of the world , pensils them under the lineaments of lions , bears , eagles , &c. armed for rapine with iron-teeth , brazen-talons , and sharp horns , &c. and the wofull experience of all ages seconds scripture therein , testifying them to be monstrous excessives in nature , and the perpetuall plagues of mankinde . yet let not me be taxed to condemn all excessive monarchies , as utterly unlawfull : for , though i doubt much , whether ever any one of them were at first justly purchased , or after by any one man rightly administred , without tyranny ; yet i conceive neither of these things totally impossible ; and so i will passe no judgement thereupon . howsoever , nature seems to have chalked out the just dimensions of a compleat monarchie , by mountains , seas , or other lines : spain , italy , france , &c. seems to be cut out as proportionable paterns : and few nations have ever prospered , when their pride had transported them beyond their native barricado's . hannibal , after seventeen yeers war waged with the romanes for the mastery of the world , at last sought a composition , in humble terms , from scipio ; and ●lamed that dangerous fond competition , which had either engaged the carthaginians beyond the coasts of affrica , or the romanes beyond the coasts of italy : but alas , it is ill successe that opens the eyes of hannibal . hanno was before held his bitter enemy , and disaffected to his countreys prosperity , for seeking an honourable peace with the romanes , and preventing the mischiefs of an over-swelling empire : yet by the way note , in the mean time carthage is lost , by an unpolitike and uncertain indifferency , whilest it will neither wholly desist from attempting against forreign states , nor yet wholly concur with such couragious generals as it entrusted with those attempts : either hanno ought to have been silenced , or hannibal recalled : the victories of hannibal are too glorious , to admit of a straitned commission : things are now come to that passe , that , if hannibal be not enabled to scale the walls of rome , scipio is to be expected at the gates of carthage . great bodies cannot be moved , but with great engines ; nor can extensive monarchies be erected or conserved , without extensive prerogatives : gravity and policie both , do in this keep a just correspondency . a moliminous vast frame , can by no means rise into a decent symmetricall pile , except there be an orderly proportion kept between the basis , the conus and the pyramis : if the basis be excessive , what is it but a deformed heap ? if the bottom be too narrow for the spire , how unstable is the fabrick likely to be . the egyptian pyramids had , perhaps , intention to expresse hieroglyphicall politikes to us , and to let us know , that though small states may be molded almost into any form ; yet great heights cannot be arrived at , but by orderly graduall ascents . at athens , sparta , thebes , pella , where the precincts are narrow , the government is easie ; decencie requires that it be as lowly : but in the magnificent court of persia , where the crown is more glorious , the scepter must be more ponderous : where the spire is more lofty , the proportion of the conus and basis must answer thereto : where rule is more difficult , the ruler must be more majesticall . this lets us see how inconsiderate that great dispute is , amongst polititians , about the comparisons of this and that form of government , viz. whether monarchie , or democracie , or aristocracie , be to be preferred amongst men : for , without doubt , the difference is not so much to be seen in the forms themselves , as in the states , which make choice of those forms . but you will say , mighty sovereigns may be enabled , as to all that is good ; yet restrained by law , from all that is evil : or , if the law of man cannot , externally ; yet the law of god , internally , may check them in matters wicked and pernitious . we answer ; bounds are set , by god and nature , to the greatest and most absolute monarchs , as well as to the least , and most conditionate : but those bounds seem but as imaginary lines , or as meer stones , not reall trenches , or fortifications : they serve onely to discover to the subject what his right is , but they have no strength at all to protect him from wrong those slaves that are sold , and forfeited to the worst of bondages , as we have proved before , have a divine and naturall claim to safety , and freedom from abuses , as other subjects have ; yet want of some politicall remedy , exposeth them to miseries far worse then death , and detrudes them often into a condition below beasts . the same slaves also are equally intitled to their lords courtesie , as the best of subjects are : there is no safety nor freedom from abuse which depends upon meer will , as an arbitrary power , but the poorest slave is as capable of it as the freest subject . nay , it hath been often a glory to weak princes , to attribute that to slaves , which they would not to men ingenuously born : for , who had offices of great command ? who had chief honours ? who had the communication of secret state-affairs ? who had the prime sway in court amongst the romane emperours , but slaves infranchised ? what senatour , what officer in rome had riches equall to narcissus , or pallas ▪ who could more powerfully sway in the palace , or better patronize cities and nations , than eunuchs , grooms and libertines ? if there be any difference then betwixt the most ingenuously-born subject and the lowest-purchased caitiff , it is onely in this , that the one hath a stronger circumvallation of humane policy to secure him , than the other ; and that he is not left so meerly to divine , naturall and discretionary pretences , as is the other . but in wide expansive seigniories , no law , no policie can sufficiently intrench or immure it self : for , if the prince be bad , he hath the more opportunity to do mischief ; if he be good , he hath yet the lesse power to govern well . it is almost a miracle , to see a great monarch good : and if he be , it is more miraculous , to see him upon the receipt of appeals , and other addresses ( as often as occasion shall require ) from remote parts , to distinguish truth and falshood , or to sift the bran from the flour so neerly as it ought to be . mark how solomon begs wisedom of god , that he may be able to go in and out before the nation of the jews : mark how great a charge he makes that little inconsiderable state to be . it was more than naturall , that augustus ( though a pagan-phoenix ) should ever know what peace was , over all his dominions : that little space of halcyonian tranquility which the world enjoy'd during some part of his reign , is in verity more to be ascribed to the cradle of christ , than to his throne . change then the scene , and see how the face of things varies : assoon as tiberius enters , see how the head of so many severall legions , of so many severall nations , of so many severall parties in religion and opinion , of so many severall disagreeing magistrates and commanders , can be reduced to order , or forced to do reason , by any one faction framed out of all these . more need not be said : where many states are subjugated to one seignior , war can never be absent ; where war is , military rule must needs predominate ; where military rule is , law must needs give place to discretion ; and what that bloody fatall train is , which ever attends war and a military arbitrary empire , is sufficiently known to all . what gain then is it to our adversaries , to alleadge , that alexander , or any of the eastern emperours did what they pleased , and ruled always uncontrolled ? this is no more but to alleadge , that the persians were first conquered by the grecians , and that after the grecians were poised by the persians , and that the division and enmity which remained betwixt both , served the prince as a sit means to enthrall both . this is no just proof in law , that the macedonians were to undergo thraldome and servitude , because they had over-run the east ; or that the east was to stoop to the like endurance , because it could not withstand grecia : nor if alexander did de facto tyrannize , cutting the diamond ( as it were ) by the powder of the diamond , is this any stronger argument for the legality of tyrannizing , than dethroning or murdering of him had been for the justification of the same in his subjects . a facto adjus non datur consequentia . when meer force lays the foundation of soveraignty , and where meer force raises up the structure , meer force may with the same equality and reason effect the demolition of the same . it is true , zedekiah being bound by oath to the babylonian conquerour to remain a true vassal , and being forbidden to make defection , by an expresse from heaven ; and undertaking the same at an unseasonable time , by improbable means , commits the sin of rebellion : but we see one of the successours of alexander , acting the bloody part of a tyrant in judea , is not onely resisted by judas maccabeus , but quite expelled : and we see that right which the sword of a stranger had acquired , was more honourably rescinded by the sword of a native . neither doth god not seem onely to countenance that revolt in the jews , but to reward also the principall agent therein , by transferring the diadem from the grecian race , to him and his posterity . the story of eglon also may serve for an instance of the same truth : and who can now look upon all those goodly provinces and kingdoms which the grand seigniors scepter hath for so many ages converted into theatres of slavery , beggery , barbarism and desolalation , and yet hold that they are no ways redeemable from that scepter ? who can say , that all those wofull nations , or rather , the starved skeletons of nations , if opportunity were offered , might not by consent abjure their feral , sanguinary oppressour , and choose to themselves severall protectours out of their own native territories ? but the strength of custom and prescription , is still by some magnified , and in the worst of empires made the ordinance of god , and as valid as any other divine right or title . i have seen a whole volume , written to that purpose , yet the answer thereof may lye ( in my opinion ) in a very narrow room ; for if custome may make that necessary which was indifferent , yet it cannot make that just which was unjust , if it may change the mode , or externall forme of some things , it cannot change the nature or internall forme of all things . for example , if the grecian line have raigned in persia for so many generations , prescription may have vigour enough to confirme that raigne : but if the macedonians have raigned tyrannicaly ; to the dis-inheriting and despoiling the persians of their due freedome , meere usage can give no ratification at all to this tyrannicall raigne . but soft of this enough : i descend now to the roman story , and to the times of christs nativity , and such as are successive thereunto . hitherto our inquisition hath met with no sufficient rule , precedent , or authority , for arbitrary power ; neither nature nor history from the creation to the redemption afford us any vestigia of it . wheresoever god had a church whosoever were the governours of it , whether patriarks , judges , kings , emperours , we have made a strict survey , and as yet discover no empire so uncircumscribed , and absolved from laws , as our adversaries contend for , and as for those nations which were meerely pagan , their chronicles are very uncertaine , and scarce worth turning over : i know our royalists will now challenge us to prove by what particular lawes , liberty was secured , and the hands of princes bound up in all ages , but we must reply , that this is more than reason or equity will require at our hands ; if they will maintaine , that the part is better than the whole : if they will maintaine , that the effect is more potent then the efficient : if they will maintaine , that the meanes is more valuable than the end : their proofes ought to be positive , and full against us , we are on the defensive part onely , and do convince , if we are not convinced . t is not sufficient for them to say , such a nation was slavishly treated de facto , they must prove , that there was cleer law for that treatance : nay they must produce such a cleer law as extends to all nations . t is not sufficient for them to say ; such a nation submitted themselves to monarchy , without any precise conditions made for liberty , and much lesse without any such now remaining extant upon record . they must prove there was cleer law for abjuring liberty , and that the force of the same is universall , and agreeable to that of god and nature : but the main shelf-anchor of our adversaries is that of the apostle in his . chap. to the romans , there all resistance to the higher power is forbidden , and pronounced all damnable , and t is all one ( they say ) to be irresistable , and to be absolute . now i beleeve all that is in the book of god and nature to be expressed for the right of princes , is there compendiously infolded . since then this was written in the infancy of the gospell , and during the raigne of caesar , and was directed to the romans , not without particular respect ( as doctor fern conceives ) that the government , which was supereminent , or supream at rome ; we will take it into more speciall consideration . the primate of ireland in his sermon upon this text , preached at oxford , march . . delivers it for a sure doctrine , ( and there is scarce any other divinity known now there ) that no subject may upon any occasion take armes , or use violence against the supream power , no not in defence of religion : now this doth much scandalize us for divers reasons . for first , when he speaks of the supream power , he doth not define that which he meanes it to be ; he takes no notice , how supremacy of power may vest in one man , as to one purpose ; in another , as to another : how it may vest in the people , as to some affaires , in the prince as to others . the body is not so the subject of the seeing faculty as the eye is , yet it cannot be denyed to be so in some sense . the prince of orange is supreame in military commands especially in reference to all individuall persons : but he is not so in all other expedients , nor in matters of the militia neither , if you compare him with the whole state . grotius affirmes supream power to be such : cujus actus alterius juri non subsunt , ita ut alterius voluntati humanae arbitrio irriti possent reddi ; if then caesar was that supreame power at rome , which the primate intended , he ought to have portrayed him according to this definition ; he ought to have armed him with power beyond all the lawes and rights of rome ; such as could not , or ought not to be frustrated by any other right or power of the senate and people of rome in any case whatsoever . secondly , when he speaks of the supreame power , he doth not at all discriminate the person of the soveraigne prince , from the persons of those which are imployed onely as instruments under the soveraigne prince . now we conceive , if there had been true candor and ingenuity in this learned prelate , he would have shewed a little learning in this , which we hold to be exceedingly necessary to be distinguished , and he knows we insist much upon . thirdly , when he speaks of subjects he doth not take notice of any difference amongst them , neither in freedomes and immunities , he doth not declare the roman subjects and the english , or the english and the venetian , to be a like obnoxious to the will of an absolute lord , neither doth he declare the contrary . now since he thus preaches at this time , we must needs condemn him , either of great hypocricy , or of great folly ; for if he did intend that the whole people and senate of rome , had no title to assemble , nor right to defend themselves , and therefore that the parliament of england had no more title then the romans , we say he did manifestly offer violence to his text , if he did not intend so : yet since he was no more carefull at such a time , and before such an assembly to interpret himself for the avoyding of dangerous misprisions , we say he had not such circumspection as he ought . fourthly , when he speaks of the occasions of taking up armes and using resistance against powers , he seemes to allow of no degrees at all : if religion be to be subverted , if the ruine of the prince himself , or of his whole kingdome be attempted , if the attemptors proceed ad infinitum , yet in all cases ( for ought he distinguishes ) resistance is alike unlawfull , and altogether as damnable , as if the mischiefe were not publikely considerable . this tenet seemes to us horrid , unnaturall , and against the light of all mens reason : for hereby it is plainely averred , that either government was erected for subversive ends , or else that generall subversion may conduce to salutiferous ends . in cases of obedience a difference of command is to be observed : all commands are not alike ; binding and potestative , but in case of resistance all acts of the prince are taken to be equally authoritative . if saul command doeg to kill the priests of the lord ; doeg may receive that as a void command ; but if doeg do wickedly draw his sword upon the priests , this violence proceeds from so unquestionable a warrant , that it may not be repulsed with violence . our adversaries sometimes when we dispute rationally , will acknowledge our grounds to be very plausible , ( this is very dr. fern himselfe ) but say they ; scripture is clearely against all limits of monarchy , and scripture is to be adhered to rather then reason . neverthelesse when wee submit our selves to the ballance of the sanctuary , and when they see the letter and immediate sence thereof does not come home to our particular differences , then they are faine to retreat to reason . but their greatest subterfuge is to lurke between scripture and reason , and to remain in a kind of transcient posture , as that they may be confined neither to the one , nor to the other , nor yet to both . if our controversies were in credendis , or about things that did exceed the compasse of humane understanding , scripture might justly be opposed to policy : but when wee are treating of worldly affaires , wee ought to bee very tender how we seek to reconcile that to gods law , which we cannot reconcile to mans equity : or how we make god the author of that constitution which man reaps inconvenience from . but for the present on both sides , we are agreed to adresse our selves to the roman story . rome for the space of two hundred and forty yeares was subject to kings : and some say those kings were absolute : others say with halycarnasseus : populum rom : principio formam reipub : habuisse mixtam ex potestate regia , & optimatum dominatum fuisse constitutum : ultimo verum . regum tarquinio regnum in tirannidem vertere capiente , optimatum dominatum fuisse constitutum . questionlesse , written lawes were wanting at first ( as they are , and ever were to all new foundations ) and in this respect the kings might be said to be more loose from restraints : but this amounts to nothing ; for as the kings by defect of lawes were lesse obliged to the people , so the people by the same defect were lesse obliged to kings : and forasmuch as the people where they were more contracted , and so might more easily correspond , hold intelligence , consult together , ( as in all infant small states they might ) were better able to oppresse the king , then the king was to oppresse them , the meer want of written lawes was no more prejudiciall to the people , then to the king : great moderation therefore was used towards the people by all the kings , only romulus was too harsh to the nobility , and so fell by their hands , and tarquin grew intollerably insolent towards all , and so occasioned the expulsion of himselfe , together with the extirpation of kingly government . the word tyrannus had been made odious all over greece long before , and now the word rex is asmuch abominated , and abjured amongst the romans : so insufferable in all ages were the cruelties , and excesses of lawlesse monarchy . after kings thus driven out , all the rights of majesty were devolved in equity to the whole people of rome , distinguisht then into patritians and plebeians : but the patritians affecting an aristocraticall form , and seeking totally to exclude the plebeians from communion in government , they imbroyled the whole state in continuall warres , and contestations for many ages together : and not being able to support their own weaker , and lesser side lost all by degrees , and brought upon themselves the worst inconveniences of corrupted democracie . for the plebeians having long remained contemptible under the indurance of many indignities by force at first obtained the defence of tribunes , and after so increased the same power , that at last censors , consuls , dictators , all the chief magistrates of rome became subject to their check and sway . and whereas those assemblies managed by the senate which were called curiata comitia , or centuriata had the predominance hitherto , now the tributa comitia managed only by the plebeians draw all power of chusing magistrates , and passing lawes to themselves . quintius therefore blaming the tribunes for not resting satisfied with what they had already gained from the senate , makes this sad complaint . you desired tribunes , ( sayes he ) we granted them ; you would have a decemvirate created , we permitted it . you grew weary of those ten commissioners , we deposed them . your anger was not so pacified against their persons , though most noble , and honourable : we pursued them with death , or banishment . you would againe create new tribunes , they were created . you would have the consulship communicated to your party , as a free gift ; it was conferred upon you , though wee knew that gift was very unequall to our order . you would have the tribune power inlarged , you would have an appeal lye from the senate to you , you would have your plebeian acts binding to the senate , under pretence of dividing power with you , we have indured , and doe yet indure that all our right and share be usurped . it was alleadged also , that even the kings themselves had never attempted to violate the majesty of that supreame order , and that the whole common wealth of rome did consist of something else , besides the meer comminalty , but all will not prevaile : that which was due being once denied , more then is due must be now restored by way of expiation . aristocracy standing in competition with democracy can say no more for it selfe ( nor perhaps so much ) then monarchy can : the senate it self therefore having been accessory in subverting monarchy , had implicitly pronounced the same judgment against aristocracy . the truth is , both monarchy , and aristocracy , are derivative formes , and owe a dependance upon democracy , which though it be not the best , and most exact forme for all nations and empires at all times , yet it is ever the most naturall , and primarily authenticall ; and forsome times , and places the most beneficiall . howsoever the romans never knew the benefit of democracy , so wisely and exactly regulated , as it ought to bee ; for their tributa comitia , were too adverse to the patritian order , and very ill composed in themselves for order and decency . the whole state had not any just influence of consent in them by right of election or representation , nor was that body of plebeians themselves , which did therein concurre to the nomination of magistrates , and sanction of lawes , any thing else commonly but a vast , rude , confused , indigested heap of the vulgar . this the senators might at first have amended , and better disposed , had they undertaken the same , whilest they had superioritie , or equality of power in the state : but in policie t is , as in logick : vno dato absurdo sequuntur mille : little neglects in fundamentall institutions may draw on great mischiefs in the consequence . this time made evident amongst the romanes , for after many and very bloody disputes betwixt the optimacy , and populacy for sundrie ages , at length the bulke of the empire growing too spacious for the rule of the multitude ( especially so tumultuously , and disorderly assembled ) a contrary change begins to be better relished . sylla now observing such a conjuncture of affaires , takes courage to reform this seditious , turbulent ochlocraty ( notwithstanding that many gallant spirited men had perisht before in the enterprise ) and though he pretend for aristocracy , yet his thoughts towre as high as monarchy . florus saies true of him : susceptâ dictaturà rebus novis reipub. statum confirmavit , tribunorumque plebis potestatem minuit , & omne jus legum ferendarum ademit . neverthelesse neither was sylla , nor his favorite pompey so certain and true to his own lordly principles , as he ought to have been : for though they were both more daring then private men , yet they were not so confident as the lords of rome should be : and therefore t is hard to say whether they did oppresse liberty , or not settle the principality with the greater expence of blood . well might caesar deride sylla as a man not skild in letters , nor able to dictate , when he would make no other use of the dictature , but onely to inure rome to the snaflle , and break the senate to the musle , that an other might the readilier mount into the sadle . the body of rome was now grown too grosse for a popular form , and the populacy also of rome had such errors , and defects in the composition of it , that according to the judgement of tacitus , non aliud discor dantis patriae remedium fuit , quam ut ab uno regeretur . t is strange , that augustus should so solemnly take advise of maecenas , and agrippa about the quitting of the empire , after that he had expos'd himself to farre more danger in the winning of it , then possibly could attend the holding of it . for without the advertisement of maecenas , his own easie accesse to the imperiall chaire by the sword might have sufficiently informed him , quod multorum imperium magnitudo rerum ferre non poterat . it had been farre more seasonable ( in my opinion ) if augustus had entred into debate about the manner of government , and had proposed rather , whether a regall prerogative , or something more , or some thing lesse had been fit for that adjustment of time , and other circumstances . the romans had been sworn by brutus upon the ejection of tarquin never to suffer any man to reigne , or to admit of regall power at rome , and perhaps a vain superstition might so farre prevail , as to make the word reigne , and yet not the thing detestable . what then is to be done ? is all supremacy of one man abjured , or onely such a supremacy as tarquin chalenged ? and if the intent of brutus be dubious , who shall determine that , but such as have the same authority now , as brutus then had ? and may bind now , where he did loose ; or loose now , where he did then bind ? but soft ; three things especially touching the imperiall prerogative at rome are now proper for our inquiry : first what power did the caesars use , and assume de facto ? bodin gives just satisfaction to this : for augustus ( sayes he ) though he did craftily dissemble , and seem to settle a colour , and shew of a princely , and not kingly regiment by pretending onely to be captain generall of the military forces , and tribune for the comminalties safetie ; yet having disposed of fourty legions all over the provinces , and reserved three legions about his own person for his own guard : and having placed garrisons in all forts , and places of importance , he did exercise kingly authority though without a scepter , or diadem . his successors also addicted themselves to most cruell tyranny , every one transcending his predecessor in acts of inhumanity , except onely some few of them . the next quaere , then is about the right of this absolute jurisdiction , and upon what law , or commission it was grounded . the lex regia , or the law of majesty ( as cremutius cals it ) did absolve the emperors ab omni legum coactione , as dion expresses it ; the principall vigor of it did consist in this , that it did transferre dictatorian power without limits of time upon them : and the dictature , we know , was legum nexu exoluta . now this is the occasion of some dispute amongst civilians , for they all grant , that no law , or commission could discharge the caesars from the bonds which god , and nature had imposed ; nor from that main dutie which government it self inforces them to . no priviledge can free any magistrate from the obligation of rendring to every one that which is his due ; nor can those primitive rules be annulled which proportion to every one his due ; especially those which proportion to states more then to particulars , and attribute to ends , more then to meanes . it seems therefore to some lawyers , that the force of this royall law is to be restrained onely to forms , and solemnities of such humane constitutions , as might perhaps interpose , and impede the caesars in the execution of their main charge . and though other lawyers do not allow this restriction , yet i conceive it very rational , for even the dictators themselves when they were acquitted of all laws , yet had this law affixed to that very commission which did therefore acquit them , that they should take more care , and might be the better inabled to provide , ne quid detrimenti capeat respub. all things which stood in direct order to that end , for which they had dictatorian power put into their hands , ( viz. the suppressing of such a sedition at home , or the finishing of such a warre abroad , or some other designe ) might lawfully be done , any opposition of particular laws , or formalities notwithstanding . but if the dictator himself did walk excentrically , or contrary to this end , he was not exempted from resistance during his terme of command , nor from giving an account after the expiration of the same . the last thing inquirable into is the date , or commencement of this royall law : and this also is not agreed upon of all sides . arnissaeus will needs referre the time of this law to augustus his reigne : but his reason is exceeding weak : aliàs enim ( saies he ) injusti possessores fuissent tam augustus , quam tiberius , & caeteri regnatricis domus sucsessores , nec leges ferre novas jure potuissent . i shall not stand to answer this , i shall rather herein follow bodin , for that he was not onely a grave statesman , but a learned lawyer also . now in his judgement , and if we may credit his reading , this royall law was first passed in vespasians dayes , and he gives some proofs , and quotes authorities for confirmation of the same . besides others , he cites suetonius , censuring thus of caligula : paerum abfuit quin diadema sumeret , aec speciem prinoipatus in regnum converteret . also of tiberius , he censures thus : faedissima servitute remp. oppressit . he cals his reigne meer tyranny , and oppression . bodin therefore having defined princely government to be either a state of optimacy , or populacy wherein some one has preeminence above all other particular persons , and is called princeps , that is , primus : he concludes that the common-wealth of rome from augustus and his immediate successors , vsque ad flavium vespasianum principatus dicebatur : and he closes all with this , that from the battell of actium , the state of rome was neither popular , nor aristocraticall , nor regall , but mixt of all . by all this we see , that our great irish prelate , when he sends us for st. pauls meaning to the romane empire before vespasians dayes , there to find out what soveraigne power is irresistible ; he sends us not to regall power , more then to aristocraticall , or democraticall . i will therefore put the case stronger against my self : and make it my quaere , what irresistibility is due to domitian after his fathers , and brothers death . and here first , i may except against the royall law it self passed in vespasians time , as not being the compleat voluntary lawfull act both of patritians , and plebeians . for besides that the senate had been now long over-awed , and corrupted many wayes by the acts of the court ; we know the tributa comitia are also totally depraved , and evirtuated by being called out of the field into the palace , insomuch that all liberty of choice and suffrage is lost , to that great convention , and it is now turned into a ridiculous solemnity . wherefore when nero was to be deposed , and all his barbarous acts of inhumanity to be accounted for , no plebiscitum could bee obtained , an act of the senate only was past to declare him an enemy of mankind . but i shall not insist upon this , i shall grant the royall law to be a good law , and enacted in a full assembly of both the states , yet still i shall maintaine , that the law-makers did not passe any thing to vespatian , or his successors , but only in order to the publick good , and safety : nor did they grant away their owne original right , and power in themselves , by granting a fiduciary use and administration of that right , and power to the emperors . the whole body of the law will furnish testimonies to this purpose , that the emperour is not proprietary of his subjects , or hath any interest at all in them to his own use meerely . give me leave to frame a case upon supposition . conceive that the major part of the patritiaens , and plebeians all over the roman empire are converted to the faith of christ : conceive that domitian ( whose claime is by the law past to his father ) hates christianity , and being incited by his south-saying priests , his concubines , and parasiticall libertines to eradicate true religion , and inrich himselfe by the great spoyle of the professors thereof , sets up such an idol , and makes such an edict for the generall adoration thereof , as the persian monarch once did . conceive that the christians , both senators and plebeians petition for their lives , but are rejected , and seeing a number of assasins armed ready to rush upon them , betake themselves to their defence , and rely upon forcible resistance . conceive further that they first acquaint domitian with their resolutions , and thus publish the justice thereof . may it please your sacred imperiall majesty , the peaceable and gentle principles of our pure religion teach us rather to suffer moderate wrongs from private hands , then to offer the least injurious violence to princes . neverthelesse since ( after all our vain supplications ) wee see our selves remorsely designed to a generall massacre , for not obeying you against god : and since you expect , that we should tamely surrender not only out estates , and such other rights as are in our arbitrary disposition , but our lives also , and the gospell it selfe ( of neither whereof wee are masters , at discretion ) for asmuch also , as we being the major part of the state , and virtually that whole community from which you derive your commission , and for whose behoefe alone you are bound to pursue that commission , and not to decline from the maine intendment of it : and whereas further wee have not so totally devested our selves by intrusting you with power , but that we are to give some account to god , and the law if wee oppose not generall subversion wher . wee may , especially we being now farther intituled to defence by the extraordinary law of generall necessity ( of the benefit of which iron law , particular men are not wholly abridged ) we are compelled hereby to protest , and remonstrate to all the world , that we take now up these one just arms only for defence to secure our lives , liberties , and religion , against the bloody emissaries , which indeed from your undue warrant can derive no authority ; and not to bridle any just authority of yours , or to attempt any thing against that idolatrous devotion which hath been hitherto established by law . and because we impute it to the wretched falsities and artifices of calumniators that your majesty is incensed against us , and our religion , and misinformed of our intentions : wee crave leave farther to declare , that we though we are free-men , and not slaves , and have some share in empire it selfe , and are not meer subjects , will yet continue in the same obedience , as our ancestors payd you for peace sake , if we may not be driven to extreamities . and as for our religion , it is no other then a holy blessed law revealed from heaven , prescribed for the good of all immortall , rationall creatures , more beneficiall to princes then paeganisme , and such as without diminution of power you may submit to , and cast down your crowne before . in the like manner also it will concern your imperiall office rather to protect us then those that seek our subversion , as being the greater , and nobler part of the empire , and better devoted to your person , and crowne then they are . neither is it distrust in our owne numbers , forces , or advantages that drawes these lowly , loyall expressions from us , nor is it any doubt in our cause : for christianity dies as much lift up the heart in a just war , as it dies weaken the hands in unjust enterprises ; and the world shall see it is as far from transforming us into ashes , as into woolves . prefer your sacred eares therefore , we pray you , from the sugges●ions of our enemies , and the abusers , who may render us in your thoughts either absolutely disloyall , or hestially servile , and doe usually traduce our religion as being utterly inconsistent either with duty , or magnanimity . let it bee a confutation to them at this present , that we doe neither derogate in this case from your majesties prerogative , nor utterly renounce our owne interests : and yet that we doe rather fore-judge our selves , inasmuch as though we doe not disclaim , yet we forbeare to claime a right of establishing true religion , and abolishing idolatry ; as also of bringing your seducers to condigne punishment . and thus far wee condiscend in all humility for our blessed religions sake , that th●t may be liable to no aspersions , as if it had any causality in this war , and that you may receive in the better apprehension , and relish of the profession from the humble comportment of the professors . it is not in us to set an end to these broyles because we have no prevalence with you to gaine just satisfaction from you , but it is in you without all impediment to quiet our party , in regard that we fight not now for a well being , but a meer being : not that paganisme may be subverted , but that christianity may subsist : all our conditions are intirely in your owne hands , and they speake no more but this , let us have hopes to remaine safe , and you shall have assurances to remain caesar . if his grace of armagh like not this remonstrance , let him frame an answer to it , & in so doing he shall appear a profounder scholer , a more judicious statesman , a more peaceable patriot , a more godly preacher then his last sermon upon the . rom. did shew him . i am sure there is no man that lives in these dayes , can say i have fained an impossible case , especially when he sees two parliaments of two protestant kingdomes driven to petition for their lives to a prince that does acknowledge the truth of the protestant religion , and the priviledges of both parliaments : and the liberties of both kingdomes , and yet brings a third popish kingdome against them ; though traiterously besmear'd in the blood of thousands of protestants , and proclaimed against by the king himselfe , as the most execrable monsters of men . but perhaps our primate will say that the roman law of royalty did extend farther , and that the people thereby did conferre to , and upon the emperour , omne suum imperium & potestatem , and thereupon it was said , omnia poterat imperator , and quicquid principi placebat legis habebat vigorem . i take these to be no parts of the royall law , but only severall glosses , and interpretations of jurists thereupon , yet all these extend no farther then to a perpetuall dictature . for the people could conferre no more on the emperour , then what it had in it selfe ; and no man will say , that the people had any power to destroy it selfe : and what end could the people have ( if that law might bee said to bee the peoples act ) in inslaving themselves , or giving away the propriety of themselves ? where the princes pleasure is entertained for law , it is intended that that pleasure of the prince shall bee naturall , and prudentiall , and that it shall be first regulated by law if not in its formalities , yet in its essentials . grotius tells us of the campanians how they did resigne themselves , and all that they possest in ditionem romanorum : and hee conceives , that by this resignation , they did make the romans their proprietaries . by the favour of grotius , i think there is stronger reason , that no nation yet ever did voluntarily or compulsorily embrace servitude , or intend submission to it : it is more agreeable to nature and sense to expound this word ditio in a mild sense , and to suppose that the campanians did intend to incorporate themselves with the romans , and to live under the same government or dition , and no other ; and not only reason , but the true story makes this good : and evidence of fact , the strongest of proofes puts it out of doubt , that the campanians were not at all differenced in freedome from the citizens of rome themselves . in briefe we may rely upon these assertions . first , there is no certainty of any nations , that ever they so formally did resigne themselves in terms , as the romans , and campanians did here : scarce any story can parallell such particular grants of soveraignty . secondly , if these be expounded mildly , and in favour of publick liberty as they ought , they can create no prejudice at all to those nations which enacted them , or any other . thirdly , if they be expounded in a tortious , unnaturall sense , they are to be damned , and rejected by all people , and they remain no way vigorous , or obligatory in any country whatsoever . if the primate have now recourse to the practise of the christians in the first ages , and urge , that because , they used no arms but tears , and prayers when they were oppressed , wee ought to doe the like : we answer , first , the christians till constantines time in probability were not equall in numbers , and forces , with the pagans , whatsoever tertullian might conceive . secondly , if they were , they wanted other advantages of arms , commands , and other opportunities to free themselves . aug. caesar by fourty legions , and the strength of cittadels , and other places of strength yoked and inthralled fourty times as many in number as those legions ; and so did but purchase fear for fear , making himself as formidable to the people , as the people was to him . thirdly , if they wanted no power , nor advantage , they might want policie to infranchise religion , perhaps they might be tainted with tertullians opinion , who thought it not onely unlawfull to resist tyranny , but also to flie from it . fourthly , history is clear , that in constantines dayes , they did adhere to him being a christian , and fight against licinius being a pagan , and their enemie . and in the reigne of theodosius , such christians as lived in persia , and were there tyrannically and cruelly treated , did incite the romane emperour to undertake their defence against their own naturall lord . let this be sufficient for the romane storie , and for the phanning out of our way such advantages , as the primate , and his fellow royalists may seem there to lay hold of in expounding this text of the . of rom. to our prejudice : our method now hands us to our own laws , and chronicles , let us follow our preacher thither . if st. paul teach us that the supreame power is not to be resisted by any persons meerly inferior , and subordinate : but leaves us no certain rule , whereby to discern what that supreme power is in all countreys : our preacher should do well to let us know what he utters out of his meer text , and what he utters out of his own imagination . barclay , grotius , arnisseus , all our royalists besides are so ingenious , as to acknowledge , that a prince in an aristocracy , or compounded democracie is not so irresistible , as an absolute monarch : nay in monarchy they do acknowledge degrees also . what shall we think then of this prelate , who without proving caesar an absolute monarch , or reducing england to the pattern of rome , or stepping at all out of his text , where neither rome , nor england is mentioned , yet will out of his text condemne both rome and england , and by consequence all other states to the remedilesse servitude of non-resistance ? the emperour of germany is now caesars successor , and not denyed to be the supreme magistrate in that country , in diverse respects : yet the electors , and other princes are in some respect supreame also in their severall territories , and may use resistance against the emperour in some cases . now if our preacher may except germany out of his text , why not england , unlesse he will appeale to something beyond his text ? and if england , why not others ? and if hee except , nor germany , nor england , nor any : nor will refer himselfe to any other authority but his text , which mentions no particulars : let him inlarge his sermon , and be a little more ingenious , and vouchsafe us some account why he is induced thus to confound all formes of government , and to recede from the judgement of all polititians . but soft , what have we to doe with a meer divine ? let the monarchy of england speak for it selfe , let divinity , and law , and policy be admitted into this junto , for that which is to be the subject of this consultation is to be reckoned inter agenda , and not inter credenda . finis . eerata . pag. . l. . r. desire them . p. . l. . r. dramoctidas . p. . l. . dele the . p. . l. . r. commune jus vetet . p. . l. . for death r. slavery . accommodation cordially desired, and really intended. a moderate discourse: tending, to the satisfaction of all such, who do either wilfully, or ignorantly conceive that the parliament is disaffected to peace. written upon occasion of a late pamphlet, pretended to be printed at oxford; entituled a reply to the answer of the london-petition for peace. contra-replicant, his complaint to his majestie. parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p a thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) accommodation cordially desired, and really intended. a moderate discourse: tending, to the satisfaction of all such, who do either wilfully, or ignorantly conceive that the parliament is disaffected to peace. written upon occasion of a late pamphlet, pretended to be printed at oxford; entituled a reply to the answer of the london-petition for peace. contra-replicant, his complaint to his majestie. parker, henry, - . [ ], , [ ] p. [s.n.], london : [i.e. ] by henry parker. an answer to the "reply of the london petitioners to the late answer to their petition for peace", often attributed to w. chillingworth, which was published as part of: the petition of the most substantiall inhabitants of the citie of london and the liberties thereof to the lords and commonns for peace. a reissue of "the contra-replicant, his complaint to his maiestie" with a cancelled by a new title page and conjugate a . the thomason copy of the original issue has ms. date "jan: " on title page. annotation on thomason copy: "may ". reproduction of the original in the british library. eng chillingworth, william, - . petition of the most substantiall inhabitants of the citie of london and the liberties thereof to the lords and commonns for peace. london (england) -- history -- early works to . great britain -- history -- civil war, - -- early works to . a r (thomason e _ ). civilwar no accommodation cordially desired, and really intended.: a moderate discourse: tending, to the satisfaction of all such, who do either wilful parker, henry c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion accommodation cordially desired , and really intended . a moderate discovrse : tending , to the satisfaction of all such , who do either wilfully , or ignorantly conceive that the parliament is disaffected to peace . written upon occasion of a late pamphlet , pretended to be printed at oxford ; entituled a reply to the answer of the london . petition for peace . london , . accommodation cordially desired , and really intended . a moderate discourse , tending to the satisfaction of all such who , &c. a petition for peace is presented to the parliament by some thousands of citizens ; the petition findes a peaceable answer ; and that answer ( as i shall now set forth ) is opposed by an unpeaceable reply , but that time may be the better husbanded , and indifferent readers the better satisfied , before i undertake the replication it selfe , i desire all men to be preadvertised of some few things . schollars have been very active in this unnaturall warre , both in raysing and fomenting it ; the tongue hath made some wounds as well as the hand ; and the sword had never bin so keene , had it not been whetted by the pen : but schollars are not active on both sides alike ( to shew their partiality , & interest in this cause ) 't is only on the kings side , where the pen and the launce are both brandisht in the same hand . and it is wisely ordered , for the kings interest wil be the more hopefully pursu'd when schollars second it with their arts , and the schollars interests will be the easier gained , when the king seconds them with his armes . but of all kindes of learning oratory is most relyed on : and of all kinds of oratory , that is most made use of , which is most want only painted and dressed , and borrowes most from ostentatious art , and is therefore most unfit for businesse , either of law or state , because it is most fit to inveagle , and deceive with its false graces and flourishes . the tongue of cyneas was very advantageous to pyrrhus in subduing townes and cities , but 't is likely more of manly logick then of effeminate rhetorick flow'd from that tongue of his , or else townes and cities in those dayes were governed by very illiterate men . none but the duller sort of people are to be catcht by pure oratory , the wiser sort are wel enough instructed , that when the fowlers pipe playes most melodiously , the snare is coucht most pernitiously . that man is very unworthy to judge of papers that cannot distiguish betweene foundations and superstructions , reasons and assumptions ; that cannot discerne between prooving of premises , and pursuing of conclusions : and yet the chiefest fraud of the orator is to passe over that part of the businesse which requires most proofe , without proofe at all , & that which is most darke without light at all , and that which is most important without mention at all . 't is enough for the orator to blazon the bloudy shield of war in general , when 't is his sole charge to dispute who are the guilty causers & promoters of this particular war : 't is enough for him to take it for grāted , or at most upon his own credit to affirme it , that the kings party of papists and arminian clergy men and delinquents were first assayled by this parliament , without cause or danger ; and so presaltum to proceed to vēemous invectives , & cursed censures against the parliament : when his main task is to proove either that a parliament may in no case whatsoever defend it selfe , or that this warre in the parliament is not defensive . if wee peruse all the papers which have come out in the kings behalfe , under his name , or otherwise ; we shall find nothing proper to be insisted on but these two points , that defensive warre is unlawfull in parliaments , or that this warre in the parliament is not defensive ; and yet nothing lesse hath been insisted on ; nay though the fabricke bee vast that is built and raised thereupon , yet that which ought to support all the fabrick is utterly neglected ; so in this reply ( now to be examined ) if much be affirmed , yet little is prooved , and if any proofe be made 't is of sequels , not of premisses ; 't is of assumptions deduced , not of theses deducing : and 't is plaine and obvious to al that the replicant here pleads not as if he stood at the barre , but pronounces sentence , as if he sate on the bench : we may justly therefore suspect that he aymes not at the satisfying of wise men , but the dazelling of simple men , and that he would not daube with his fucusses every line , & embellish with his caressing phrases every sentence , if he did not affect the pompe of mr rhombus the pedant , rather then the gravitie of a statist . the next art of our replicant is to impose those his nude averments which are most false and improbable , with most boldnesse and assurance , assaling as it were thereby the beliefe of other men with armed violence . that it may passe for currant that franham castle was surprized contrary to the faith , and treaty of sir william waller ( with whom no treaty was ever entertained nor spoken of , ) it must be further averred , that our side was false at winchecter , false in york shire , false every where ; but these things eadem facilitate negantur , quâ affirmantur . another advantage of the kings party is by multitude of writings , invective and satyricall : both the universities are become mints of defamatory disgracefull papers , the regiments of the kings pen-and-inkhorne men , are more and fuller then of his sword-men ; and though too many papers are scattered of both sides , yet those of the kings are most of them serious , and done by able men , whereas those of the parliaments side for the most part are ridiculous done by sots , or prevaricators to the disadvantage of the partie . after these premonitions i come to the replication it selfe . the substance of the petition was that the parliament would tender such propositions for accommodation , as might be accepted with honour to his maiesty , and safety to the kingdome . the substance of the answer was that the parliament was truly and heartily desirous of a safe and honourable accommodation , and for an instance of that their desire would seeke nothing from the king , but to enjoy the due essentiall priviledges of his highest court of law and policie , which priviledge must needs qualifie and fit them rather to judge , then to be judged by any other inferiour partie . that a totall submission to the king , he being so farre addicted to a faction of papists and haters of parliaments , could neither be safe nor honourable . that to submit to the kings party were to submit to the foes of religion and libertie : foes irreconcileable , and such as ever had been dangerous , and were now made more furious by bloud against the parliament . that if the petitioners being but a part of london , and that but a part of england , should in stead of an honourable safe accommodation presse the parliament to a dishonourable unsafe submission to the kings party , it were a breach of publike trust in the parliament to yeeld therein , the parliament being trusted by the whole kingdome , that if a just fit accommodation be intended the king ought to trust the parliament in part , as well as the parliament ought in part to trust the king . that both parties being equally disarmed , the protestants being lesse countenanced by the king , and more obliged in conscience by oathes and agreements , would be more obnoxious to disadvantages , then that party wherein so many papists are predominant . that though the parliament might submit , yet a faire accommodation it could not obtaine , except the king would equally condescend thereunto . that if the petitioners had found out a more safe and honourable accommodation then the parliament had yet discovered ; ( for that was possible ) the parliament would embrace it ; that if none such could be found out , the affections and judgements of the parliament ought not to be censur'd or distrusted . that it behooved the petitioners to addresse themselves by the like petition to the king , if no want of affection to peace were apparent in the parliament , as certainly none was . in contradiction and opposition to all the severall poynts in this analysis , what the replicant hath set forth , wee shall now see in the same order . . the great contrivers of our sad divisions , which abuse the weake reason of the people , to keepe up an unfortunate misunderstanding between king and subject are not named by the replicant ; but they are clearely pointed out to be the chiefe lords and commons in parliament : for he saith , every new vote of late hath been a new affliction : and he makes pennington and the citty lecturers to be but iourney-men rebels under them : and even this hellish slander he venteth under the name of the petitioners , whom he stiles the most considerable persons of the citty : and at the same time affirmeth , that the people generally are of honest affections . and the answer to the petition in which , the words ( he saies ) are softer then oyle , though the matter of it be poison of aspes , he attributes only to some chiefe engineers of mischiefe in the house , though it carry in it the authority of the whole house . here is a wonder beyond all wonders . a few factious persons in parliament over-awe the major , better and wiser part in parliament ; and by a few factious instruments in citty and countrey abuse the major , better and wiser part there also into the most miserable distempers and calamities that ever were ; and though the honest generality begin to grow wiser and are instructed by the sence of their miseries , and by other advertisements from loyall papists and prelates , and other pious courtiers and souldiers to shake off their few tormentors : nay , and though the king himself has not onely publisht the most eloquent and subtill declarations to disabuse the people , that ever were ( himselfe being the most beloved and honoured prince that ever was for his indulgence to liberty and religion ) but ha●h also advanced a most puissant and victorious army to releeve these undeceived wretches ; yet the incantation holds , no humane force either of armes or arts can dissolve it . the miracles of moses had an impression of divine vertue upon them , and did therefore triumph over all the egyptians spels : but in this case , mr pym , with i know not what infernall engines distors and wrests all the orbes of a kingdome from their naturall motions ; and yet no divine art can resist him . 't was never beleev'd before that any but god could work contrary to nature , but now it must be beleeved . but is it so apparent that the parliament is averse from peace ? yet saies the replicant , for withdraw the fuell , and the fire is soon extinguisht : let the parliament not foment the ill humour ( by supplyes of men , armes and ammunition ) and the wound will heale of it selfe . in the petition , nothing but an accommodation , safe and honourable was pretended , but now we see a meere submission is intended in this replication . t is not prooved : that the armes of the parliament are unjust ; 't is not prooved , that it may be safe for the kingdome to prostrate , and subject parliaments to the discretion of that faction which now has bereav'd us of the kings presence and favour , yet because the replicant will take upon him to condemne parliaments ; we must also allow of his judgement . but ' its further say'd by the replicant , that even accommodation it selfe is not pleasing in parliament , witnesse that speech of one , i like not daubing : and that of another , i hate the name of accommodation . hee which hates the name of an accommodation as it has been used of late to signifie a totall submission , may love a true accommodation in it selfe : and he that likes not the daubing of those which under the colour of accommodation ayme at nothing but division and dissention amongst the people , may more heartily affect a safe , and honourable agreement , then the replicant himselfe . can the parliament expresse zeale to peace better then by contracting all its rights and priviledges into one compendious proposition , for the setling of union ? to purchase true peace , the parliament desires nothing but to retain the meere being of a parliament ; that is , to be the supreme court of king and kingdome . and if it can stand with the essence of such a court to be arraign'd , tryed and sentenced by a faction of papists , prelates , delinquents , and souldiers , the parliament will submit to that condition also . . when we expresse our feares of the kings party , and therefore deny submission thereunto as dangerous and dishonourable , the replicant tels us further , we are required not to submit to our fellow subiects , but to the king only : and he tels us further , that the lawes are the best security , and those we shall enioy , and to claime any higher securitie is to assume the power of kings . how farre the lawes of the land have been sufficient to preserve to parliaments , and the be●ter part of loyall protestant subjects their rightfull portion and interest in the kings favour , for these . yeares last past , is knowne to all ; the lawes of scotland could not secure the better and greater part there ; the lawes of ireland have not saved the brittaines and protestants from massacres there : and yet certainly both those kingdomes are intitled to lawes of as ample benefit , and vigour as ours now is . but what speake we of common lawes , when even at this instant such a free subjects house is burnt and plundered by the kings party , in derision and despight of the kings owne proclamation and particular placard granted for the safegard of himselfe and his family ? as our judges preyed upon us heretofore in matters of state , and divines oppressed us in matters of religion : so our martialists now have a power of spoyling above the generall law , or any particular protection . if the king thinke fit to grant safety to such a person , or such a towne , it must be provided alwayes that such a dutch or scotch commander , who conceives himselfe more skilfull in war then the king give his approbation withall ; for my part i conceive it more honourable for the king to say that he cannot , then that he would not save his people from all those cursed indignities and cruelties which have been multiplyed upon us during this warre , and before by his adherents . as for lawes therefore we must take notice that they may be imployed either to the benefit or prejudice of any nation , and that they themselves do require to be regulated by further lawes . no nation can be free without a three-fold priviledge : the first is in the framing and passing of lawes . the second is in declaring and interpreting lawes . and the third is in executing and preserving lawes inforce . where the king is sole law-maker all things are subject to his meer discretion , and a greater bondage then this never was nor can be ; the english lie not under such base servitude , their king claimes but a part in the leg●slative power : and yet neverthelesse of late by discontinuing of writs for the summoning of parliaments , and by the right of a negative voyce in parliaments , and an untimely dissolving of parliaments , the peoples interest in this legislative power has been much abridged and suspended . in the like manner also if the sole power of declaring lawes were so in the king as that he might himselfe give judgement , or create judges at his pleasure without imposing oathes of trust on them in behalfe of the people , or should deny redresses upon appeales from them , our legislative power would be vaine and uneffectuall to us . for my part i hold it an equall thing , whither just men make lawes and unjust interpret them , or unjust men make lawes and just interpret them . when it was just in the king of late to impose what taxes hee pleased , and as often as he pleased upon us for the preparing of armadoes all over england . our nation was fallen into a most desperate thraldome , yet the fault was not then in the lawes , but in the judges , and such as had a power over the judges , lawes as they are deafe , and by a strict inflexibility more righteous then living judges , so they are dumb also , and by their want of language more imperfect then the brests of men . and indeed since the lawes of god and nature , though knowne to all , yet do not utter to all the same sense , but remaine in many plaine points strangely controverted , as to their intent and meaning ; how can we hope that any humane lawes should satisfie all mens understanding in abstruse points , without some living key to open them ? the vast pandects and digests of the law sufficiently testifie , that in the clearest law , which mankind could ever yet discover there are dark and endlesse labyrinths , wherein the weaker sort of lay men are presently lost , & the learnedst advocates are tediously perplext . in the last place also if the sole power of inforcing and executing lawes were so vested in the king , as that he might use it to the cessation or perversion of all justice , and the people were in such case remedilesse , the interest in making and declaring of law were invalid , and frustrate in the people , and the king might still inslave or destroy them at his pleasure . the replicant sayes , that under a monarchy much must be trusted to the king , or else it will be debased into democracie . t is confessed much must , but all must not be trusted : the question then is , how farre this much extends in a monarchy of such a mixt nature as ours is , in such times as ours now are ? in absolute monarchies all is trusted to the king : in absolute democracies all is vested in the people : in a mixt monarchy more is trusted to the king , then is reserved to the people ; and in a mixt democracie more is reserved to the people , then is derived to the prince . in all formes of government the people passes by way of trust , all that power which it retaines not , and the difference of formes is only in degree , and the degrees are almost as various as the severall states of the world are , nay the same state admits of often changes many times , sometimes the people gaines , and sometimes looses , sometimes to its prejudice , sometimes not ; and sometimes injuriously , sometimes not ; but the degrees of ordinary power consist in the making , declaring and inforcing law , except when forraigne warre is , and then it is expedient that a greater and more extraordinary trust be reposed in one , and this we see in holland , the most exact republicke , and in england the most exact monarchy in the world . but it is a leud conceit of our royalists now adayes to attribute to our king an absolute power over the militia of this land at all times alike , not distinguishing between civill warres , wherein he may be a party , and suspected ; and between a forraigne warre , where he is neither a party nor suspected : for if our kings will plead such a trust to our disadvantage , 't is just that they produce some proofe for it , and relye not upon meere common use , 't is true in case of forraigne invasion , 't is expedient that the king be farre trusted , and yet even so , if the king should conspire with forraigne forces , or neglect to protect us against them , contrary to the intent of his trust , we might resume the common native posse , or militia of the land , for our owne defence without his consent . and much more reasonable is it in time of peace , or civill warre , if the king will deny his influences , or withdraw his presence , to obstruct law , or will by his negative voyce , or by force seeke to disable his highest courts and councels , and reduce all to arbitrary government : more reasonable is it , that the people secure to themselves the law , their chiefest portion and best patrimony . for as the king cannot by law deny to the people their undoubted interest in passing of lawes ; so neither can he defeat the same interest , or destroy the benefit thereof by misinterpretations , or by mis-executions of the same lawes . no nation can injoy any freedome but by the right and share which it has in the lawes , and if that right and share doe not extend to the preservation of lawes in their true vigour and meaning , as well as to the creation of them , 't is emptie and defeasible at the kings meere pleasure , much is to be trusted to the king : true , but all is not ( we see ) trusted , some power we see is of necessity to be reserved in free nations , such as the king allowes us to be , and there is a difference also in the word trust : for there is an arbitrary , and there is a necessary trust , and the one may be resumed ; the other not upon meere pleasure . without all question , the wiser and juster princes are esteemed , the more the people ever trust them , but this makes no difference in the legall and fundamentall trust of the kingdome , nor can infirme credulous , and easie princes pretend alwayes to the same degree of power as their ancestors have held , unlesse they can prescribe to their vertues also . queene elizabeth might with safety and expedience be trusted further then king iames , even in those things where the law did not trust her : but this is the misery of subjects , all goes from them , but nothing must returne : the court of a prince is like the lions den in the fable , all the beasts leave prints and steps advorsum but none retrorsum . but the replicant further assures us , that t is very easie to assigne the bounds of these severall trusts : for the lawes and customes of the land determine both : nor will his maiestie ( he sies ) require any new trust to himselfe , or deny any old trust to us . our great divines were to bee admired for their profound knowledge in the mysteries of law were they not courtiers : but now the king is presum'd to comprehend omnia jura in scrinio pectoris : and so they by their residence at court discerne all the secrets of law and state in speculo imperii , just as our heavenly saints doe read all things else in speculo trinitatis . our gravest sages of the law are much divided in points of lesse moment and intricacie , and as for the precise metes and bounds , where soveraignty and liberty are sever'd , and the direct degrees of publike trust in all cases , and at all times , they looke upon them as grand difficulties , scarce fit to be debated but in the sacred court of parliament ; and yet clergie-men think them but the first rudiments of all knowledge , obvious to very a. b. c. darians . they alwayes boast of the knowne lawes of the kingdome , in all disputes they referre us to the knowne lawes and customes of the land , as if judges were things utterly needlesse , and the study of law meerely superfluous . the treshault court of parliament , of whose determination our learnedst judges will not thinke dishonourably , cannot pierce into thefe known obvious lawes , and yet every sophister can : the fountaines of justice are now exhausted , and yet the cisternes remaine full . but saies the replicant , if you seeke further security then the knowne lawes , the people will see , that under the name of free subiects , you take upon you the power of kings . sir , we desire to have our lawes themselves secured to us , which you may turne like our owne canons against our selves , if righteous and prudent iudges be not granted us , and all over-awing violence so prevented , as that the fruit of their iudgements be clearely and intirely conveyed to us . and such securance is not incompatible with monarchy ; for it is no more impeachment to monarchy , that the people should injoy then make lawes ; that they should be sharers in the power of declaring and executing , then in the power of passing & framing lawes : but it is on the contrary an evident impeachment to liberty , if an equality of these three priviledges be not at least shared with the people . . as for the diametricall opposition in religion and state betwixt us and our irreconcilable enemies of the kings party . the replicant maintaines divers things : and of the papists and delinquents he sayes , that we have nothing against them , but state calumnies : that the same justice may governe both , if wee will submit to law . he beseeches us to tell what religion we would have : if that which the martyrs sealed with their blood , our adversaries practise it , and desire severe punishment upon all such as transgresse it : he imputes to us a new creed : he sayes the king is to look upon friends or enemies in a law notion only , that subjects must not give lawes to princes courtesies : that our enemies , if they be traytors , are to be tried at the kings bench , the house of commons having no right of judicature . the major part of our enemies are certainly either papists , or else such as are either over-awed or outwitted by papists . t is true , some part of our enemies knowes the truth of the protestant religion , and the desperate antipathy of papistry ; yet having in them the true power of no religion , but serving mammon only , for their worldly interests sake , ( with which severity of parliaments will not square ) they adhere to papists , little regarding what religion stands , or what falls . another part out of meere ignorance is carried away with the name king , and the professions of the king , not at all looking into reason of state , nor being able to judge of the same : but the last sort of men are not so considerable , either for their number , or power , or malice ; and therefore i shall not insist upon them . the maine engineers in this civill warre are papists , the most poysonous , serpentine , iesuited papists of the world . all the papists in europe either pray for the prosperity of this designe , or have contributed some other influence and assistance to it . this warre was not the production of these two last yeares ; nor was england alone the field wherein the dragons teeth were sowd . scotland was first attempted , but the protestant party there was too strong for the papists , and such of the english as joyned with them . the conspiracies next broke out in ireland , where the popish party being too strong for the protestants , the tragedy has been beseeming papists , it had proved beyond all paralell bloody ; and if shipping were not wanting , they might spare some aids for their fellow conspirators here in england . england is now in its agony , bleeding and sweating under the sad conflict of two parties , equally almost poized in force and courage . the papists themselves in england amount not to the twentieth arithmeticall part of protestants , and yet one papist in geometricall proportion may stand against twenty protestants , considering the papists with together with their adherents , and considering also what they are that act over them , and who they are that act under them . what power the romish vice-god has in the queen is known , & what power the queen has in the king , and what power the king and queen have in the prelaticall clergy , and the clergy in them reciprocally , and what power the king , queen and clergy have on a great number of irreligious or luke-warm protestants ( now made delinquents and so further engaged ) as also upon all papists , & how all these have interests divided & intwined & how restlesly active they al are in pursuing their interests is not unknown . besides ireland is a weakness , & scotland is no strength to us : all popish countries france , & spain &c ▪ are likely to annoy us , and the protestants in denmark , holland &c. have not power to restrain their princes from combining further against us . in this deplorable condition we have no friends to complain to , and yet this replicant tels us , we have no enemies to complain of ; our very condoling against papists and delinquents , he tearms state calumnies , and slanders that have lost their credit by time , and are confuted by experience . o thou black mouth , more black then thy coat , hast thou no more remorse for all that protestant blood , which delinquent have enabled papists to shed in ireland , and for all that protestant blood which armies of papists and delinquents are now ready to shed in england ? if all this blood finde no pity in thee , yet is it an offence to thee , that it extorts teares and lamentations from us ? o thou unbowelled sanguinary wretch , if god be the god of protestants , he will judge these cruelties of papists , and their abettors : and if he be the god of papists , we know our slanders and calumnies cannot deceive him ; wee submit our selves and our cause to his revenging hand . but thou wilt say , the kings party in this warre are good protestants , and we are anabaptists , &c. the tyranny and superstition of bishops has driven some of our tender and strictor protestants into utter dislike of ceremonies , and that pompous , or rather superstitious forme of church discipline which has beene hitherto used in england . some of us desire an alteration of some things in our lyturgy , by advice of a learned and uncorrupt synod : others perhaps scruple church musick , and any set forme of divine service , to be imposed of necessity , liking better the single order of scotland . what new creed is there in all this , or what change of religion were this , if there were any great numbers of men so opinionated ? but it is well enough knowne to our adversaries , that there is not one man of both houses of parlialiament that is violent against all publick set formes of prayer , or that forme which is now in use , or that desires any alteration of doctrine in essentialls , nay nor of discipline , except in things very few and inconsiderable . and it is well knowne that the parliament , as it would loosen the rigour of law in some scruples for the ease of tender consciences , so it abhors utterly all licentious government in the church , and all by-wayes of confusion . in the city the king has instanced in pennington , ven , foulk , and mannering , as notoriously guilty of schisme , and doubtlesse they were named for want of worse : try these men now by the old creed , or by the nine and thirty articles ; nay , examine them concerning the common prayer book , and it will soon appeare how farre they are strayed into brownisme , or any other schisme : it will appeare how they are wounded in schismatick , and all protestants in them , and the true religion in us all : it may be they have not put pluralities , or the parliamentary votes of bishops into their creed ; it may be they have reserved no implicite faith for convocation acts , and canons , which the replicant may perhaps judge very irreligious ; but they hope this never had any anathema pronounced against it in the old church by any councell before antichrists dayes . let not railing pulse for impleading and condemning , and we will all be tried in the same manner , and if any new creed be found amongst us , differing in substance from the old , let our adversaries themselves give and execute sentence upon us . if brownists could be as well distinguisht and nominated in our army , as papists are in the kings , or were really as many and as far countenanced , we would distrust our cause ; whereas we now beg no otherwise the blessing of god upon our armies , then as we are enemies both to popery and brownism . dares our replicant make such a prayer ? no , somtimes he owns papists , and somtimes he seemingly disowns them : speaking of the kings party , once he saies , as for the establisht religion we will become suiters to you , that you will severely punish all persons whatsoever that transgress against it . papists certainly have transgrest against our religion ; if the rebellion in ireland be a transgression , or if the instant taking up of arms here against the parliament be a transgression ; yet see at the same time , when they call us to punish the papists , they themselves arm & enable papists to punish , nay to destroy us , is this all the ingenuity we shall expect ? well , to our law notion : it is argued in the next place , that a papist fighting for the king , though in a notion of theology , he may be accounted an enemy quatenus a papist , yet in understanding of law , hee was accounted the kings friend , as to his fighting : priest squires doctrine just , hee that fights for the king , or rather at the kings command , let the cause be what it will , he is the kings friend . when saul gave a furious command to fall upon the priests of iehovah ; amongst all his servants , he had no entire loving friend but doeg : so when his unnaturall rage incited him to take away the life of ionathan ▪ the whole army that defended ionathan were his foes , and if it had proceeded to parties ( as it had , if saul had had as many idumeans in his service as king charles now has ) those onely which had been the execrable instruments of the kings tyranny , had been the kings friends , and had fought for their king : so those six hundred men which adhered to david , out of a pious intent , to preserve his innocent soule from the bloudy hands of saul , and his three thousand impious murderers ; and the keilites also , if they had been faithfull to david ( as they ought to have been ) were guilty of treason and drew their swords against their master . but i expect now that the replicant insist upon the iustice of the kings cause , as not taking armes to master the parliament , but to defend themselves against the parliament : this if it could be proved , would over-rule all , but it being in question , and as resolutely denied by one side , as affirmed by the other ; the replicant must evince by reason all that he expects to gaine from us . 't is not so probable that a parliament should invade a king , as a king a parliament : 't is not so probable , that a parliament should be misled , and have ends to enrich it selfe by oppression as a king . 't is not so probable , that that army which consists all of protestants , should be so adverse to the reformed religion , as that which admits and favours all papists and delinquents : 't is not so probable , that that army which is raised and payed by parliament , that is by the flower of all the english nobility and gentry , should fight for arbitrary government , and against propriety , liberty and priviledge of parliament ; as that which hath nothing considerable , but rapine and pillage to maintaine it . if many evidences of facts , many pregnant proofs , and many lively circumstances of time and place , did not absolve the parliament of trayterous conspiring against the kings crowne , dignity , and person ; and convince digby , percy , iermin , and divers of the kings and queens party , of conspiring against the priviledges of parliament , and the lives of many of our noblest parliament men . if all other arguments did faile , the very invitation of papists to the kings standard , & the rising of the papists with such generall consent now , that all ireland is almost lost to the papists , and some hopes were else to recover it , would sufficiently assure me , that religion and liberty stand in more danger of the kings party , than of the parliaments . i could not with more cleare and cheerfull confidence die for the truth of the protestant religion , then for the iustice of the parliaments cause in this warre , noscitur ex comite , &c. let the papist plead for the delinquent , and the delinquent for the papist , those ends which have so closely cemented , and kindly incorporated both together , make a sufficient discovery to me , as well what the papist , as what the delinquentis . and this age must prove monstrously unnaturall , in producing a wonder never heard of in all former ages , if iustice doe now rest in the kings side ; for surely , no king ever till now , having a iust cause , was opposed therein by the maior and better part of his subiects ; much lesse was it ever seene or heard of , that any king in a iust cause was deserted by the maiority of his orthodox subiects , and supported by the unanimous aid of such , as hated his true protested religion . god send the king to lay these things seriously and pensively to heart , for since none of his wise and worthy ancestors ever yet had cause to wage war either with the collective or representative body of the people : so none at all ever in any warre sided with a false religion , or against the true , till this unhappy day ; in the king charles is the first , and i hope will be the last , and therefore this is worthy to make a sad impression upon his soule . but our replicant will tell us , that the kings iustice may yet govern and awe both parties by the same law , whatsoever their antipathy be . the king has law , and power by the law to protect the better partie , and to provide for the peace of both parties : but notwithstanding that law and that power the poore british protestants in ireland have beene left unprotected , and lamentably exposed to a generall assassination : and had they not beene betrayed by their vaine confidence in the law , and in the kings protection , they perhaps might have found other meanes to defend themselves ; therefore it is no refuge or comfort to them now , to hear the name of law proclaimed & reiterated , when as things hapned there , it has been the very shelfe and rock whereon the protestants have been miserably bulyed and wricked ; then pardon pray , if the same name of iustice also sound but harshly at this time in our eares : when papists which have destroyed our religion in ireland , are raysed to preserve it in england ; and protestants which were sending succours and supplyes into ireland , are in the instant invaded here in england for the better suppression of popery both here and in ireland ; t is a strange kinde of assurance or ioy to us , to see the names of religion ▪ liberty , and parliamentary priviledge , stamped upon our coyne , or interwoven in our standard , when at the same time , we see the same coyne imprested for the entertainment of a popish army : and the same standard marching against the representative body of our nation , and the supreame court of iustice in our state . nay , and the strange time that is taken for the righting of religion , law and liberty amongst us , makes our assurance , and joy the lesse triumphant , for we plainely see , that as the season now is , no one protestant falls here by the kings sword ; but by the same stroak three protestants at least are cut off in ireland . and lastly , the manner of rightting religion ▪ law and liberty , is most strange of all , for open warre is not now sufficiently destructive , though it be spread all over the face of the kingdom ; subterranean plots are brooded further in the dark , and by privie intelligence , the whole city of london is to be engaged in a tragicall conspiracy , to murder it selfe in one night : what the benefit : therefore is of law and power , and iustice for the disabling of papist and delinquents , and for the safe guarding of loyall protestants we all know : but when papists and delinquents finde countenance , and the true religion is abandoned , and left obnoxious to mischiefe by the perversion of law , power and iustice ; the names alone will not availe us , but our replicant further saith , subjects must not give lawes to princes courtesies . in matters of a private nature princes are absolute , but not so in publike affaires , where the publike safety or liberty is touched . in their own pallaces princes may dispose of offices , but in the state if they make patents prejudiciall to their revenues , to their prerogatives , or to the peoples interest ; the iudges shall pronounce them deceived in their grants , and make the deeds void and null in law : princes cannot alien any parcells of their crownes ▪ hull may not bee transferred to the king of denmark , nor portsmouth to france , nor falmouth to spaine , for kings have no sole propriety in such things , and the same reason is in the super intending offices of royalty it selfe ; they are not transferible at pleasure : some princes ( to use the words of tacitus ) are so infirme and credulous , that they remaine jussis alienis obnoxii , and non modo imperii sed libertatis etiam indigent , they are so enslaved sometimes to their basest flatterers , that their very diadems are as it were aliend and made prostitute to seducers , and these their flatterers and seducers ( in the expressions of the same tacitus ) minore metu & majore praemio peccant . the unhappy protestants in ireland were of late undone by the vaste power which was put into the hands of the earl of strafford , and all the ecclesiasticall , if not civill disturbances and distractions which have of late infested these three kingdoms , were in great part caused by excesse of power over the church , delegated to the archbishop of canterbury : without doubt when the foundation of popery was first to be laid , it did not prosper and advance so much in sixscore yeers under the first popes , as it did in six yeeres here under canterbury : and nero himselfe in his first three yeeres did not attaine to so much insolence and tyranny as strafford did in one yeare . the kings freedom therefore in favours will never justifie the preferring of such men , to an unquestionable command , nor the subjecting the lives , liberties , and soules of so many millions of religious protestants to their corrupted disaffected wills : neverthelesse , for ought i can see we have since but changed one strafford for another , and one canterbury for another : only to stop our complaints : this replicant tell us , that the courtesies of princes are not to be questioned by subjects . the queen has now attained to a great heigth of power as formidable as she is to us , in regard of her sex , in regard of her nation , in regard of her disposition , in regard of her family , in regard of her religion , and lastly , in regard of her ingagments in these present troubles ; some think shee has an absolute unlimitable power over the kings sword and scepter ; which if it bee so , no end of our feares and calamities can be , no propositions can profit us , no accommodation can secure us . if the king himselfe were a papist , he would yet look upon us as his naturall subjects , but when his regall power is secondarily in the hands of a papist , to that papist we appeare but as meere hereticks without any other relation of subjects : by secondary power also , a stroak is given with more secresie and security ; so that there is the lesse feare in the party striking to break and retard its violence : it issues like a bullet , whose line is not direct , but with some elevation in the ayre , or with some windings in the barrell of the gun , whereby it doth more execution at a further distance . therefore our kings many and dreadfull oaths and vowes of sincerity in the protestant religion are not satisfying , if in the mean time any of his kingly prerogative bee shared with such as are not sincere in the protestant religion ; it were farre safer for us that hee would sweare for his party , then for himselfe . but our replicant will never have done with the law , hee still tells us , that every man is to bee tryde by his peeres the lords in the lords house , and the commons at the kings bench , and though the house of commons have no right of iudicature , yet there is another tryall for treasons , and our maine point in difference at this time is concerning treason . the parliament is nothing else but the whole nation of england by its owne free choice , and by vertue of representation united in a more narrow roome , and better regulated and qualified for consultation then the collective body without this art and order could be . the lords and commons make but one entire court , and this court is vertually the whole nation : and we may truly say of it , that by it consent royalty it selfe was first founded , and for its ends royalty it selfe was so qualified and tempered , as it is ; and from its supreame reason , the nature of that qualification and temperature ought only to be still learnd , and the determination thereof sought . for who can better expound what kings and lawes are , and for what end they were both created , then that unquestionable power , which for its own advantage meerly gave creation to them both ? if kings and nationall lawes had any humane beginning , if they be {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , as the scripture sayes they are , they had not their being from themselves : and from nations collectively taken they could not have their being ; for nations so are not congregable , nor consultable , nor redeemable from confusion ( pardon the hardnesse of words ) and therefore it must follow , that both kings and laws were first formed and created by such bodyes of men , as our parliaments now are ; that is , such councells as had in them the force of whole nations by consent and deputation , and the maiesty of whole nations by right and representation . the enemies of parliaments seeing this not to be gain-said , and seeing that it must needs follow , that that cause which first gave the being , and prescribed the end of that being , must needs have most right and skill to limit , and direct the manner of that being : they seek to divide the coactive from the representative body of the people : they seek to divide between the two houses of parliament : and these seek to divide between the head and the body of the parliament . they perswade the multitude , that they have entrusted the parliament only with their purses to give away subsidies , and replenish the kings coffers ; but not to settle their rights and franchises , and to make knowne the bounds of prerogative , and restraine the unnaturall encroachments or erruptions of the same . if the community have beene agrieved , to complaine , or almost accuse , is a sufficient priviledge of the house of commons , and this , but to avoid further repining , shall not be granted them . t is pity that our doctors doe not study the law further ; for with a little more industry , they might perhaps finde out , that every private man as well as the house of commons , or the whole community out of parliament , as well as our knights , and burgesses in it , may give the king money , and if occasion be , preferre an accusation against such a tyrrannicall lord or favourite ; well , if such rabbies , and expounders can satisfie any of the unworthy vulgar , and some gentlemen , and lords who have spirits below the yeomanry of england ( for such i have seene too many since . . novemb. , they shall be no further disabus'd by me . in the next place , they attempt to work a disunion between the houses , the lords shall have a power of judicature over their members so they will exclude the commons from any part therin ; and upon condition that they will so farre disclaime them , as to leave them obnoxious for tryalls at the kings bench ; this sitting of the lords and commons in severall houses , does not prove them severall courts , nor does the observance of particular priviledges in either house , and not laying all things common between both , prove any independance of either : doubtlesse they are like the twines of hippocrates , they both must live and die together . in former ages judgement was so given upon the greatest delinquents , at that the commons were parties in the judgement : and sure , whilst they were judges over lords , themselves were not subjected to inferiour courts : the lords then knew they could not indure any indignity to fall upon the commons being but distinct parts of the same court , but it would reflect upon themselves ; and the commons knew that the honour of the lords was an addition to themselves , whilst the curiatii stand close together , their three adverse combatants are too weake for them ; but when they are divided by unwarinesse in the encounter , they prove all three too weake for one of their enemies , i will not make any comparisons , or say whither the lords or commons deserted by the other suffer more ; i will only say , that nothing but fatall want of policy , can divide or diminish their mutuall love and correspondence . in the last place , division also is raised betwixt the king and parliament ; there is a generation of men which seeke not the good of king and parliament ; nor could prosper if the king and parliament were united as they ought to be . these men because their suggestions cannot prevaile to alienate the parliament from the king , apply all their indevours to alienate the king from the parliament : their perpetuall suggestion are , that the greatnesse of kings is eclipsed by parliaments , that there is in lawes themselves a kind of enmity , and something that is inconsistant with royalty , that kings are bound to seek nothing but themselves . that kings can seeke nothing in themselves , so nobly as the satisfying of their wills , especially when their wills are fixt upon things difficult and forbidden . neverthelesse , there is nothing but falsety in all these suggestions . for princes are the creatures , and naturall productions of parliaments , and so are their prerogatives as has been set forth , and every rationall and naturall thing loveth its own off-spring , and that love is rather ascending then descending , it is liker the sap of the root , then of the branch , viz. the people are more inclinable to love princes , then princes to love the people ; there is likewise a neare consanguinity , and reflexive benevolence of aspects between lawes and princes , they are both of the same descent , and tend to the same end , and both are inviolable ▪ whilst they are assistant each to other ; the enemy of both has no hope to prevaile , si attribuat rex legi , quod lex attribuit ei . t is retrograde also to nature , that princes whom god has set to feed his people , and not without the creation of the people , should think themselves more valuable then that people ; or that they should confine their thoughts to themselves as gods , despising the universality , when god has called particular subjects their brethren , and forbidden them to lift up their hearts above any of them . lastly , that princes which have as other men , sinfull affections , and are subject more then other men to sinfull temptations , and are accountable to god therefore , in a higher degree then other men , should think it inglorious to deny their own irregular wills , and to submit to lawes , parliaments , and the publike prayers and advice of their subjects , 't is a thing scarce credible . the most expert navigator preferres the guidance of his needle before his own conceit ; the most tried engineer wholly relies upon the certainty of his rule . all artists how rare soever apply themselves to their instruments , absolutely renouncing their skill and experience in comparison of mechanick directions . only princes chuse rather to erre with their own fancies and fancy feeding flatterers , then to go right with publick advice , and no mischiefe , which can happen to themselves , and millions of others by their error , seems so unkingly to be suffered , as a retractation from error . but our replicant has more particular objections against parliaments , as first , that they have no cognizance of matters of state : secondly , that in matters of grace and pardon they have no power or right : the king in those , has an arbitary sole authority . lawes ayme at iustice , reason of state aimes at safety ; law secures one subject from another , law protects subjects from insolence of princes , and princes from sedition of subjects , so far as certaine rules may be given and written ; but reason of state goes beyond all particular formes and pacts , and looks rather to the being , then well-being of a state , and seeks to prevent mischiefe forraign as well as domestick , by emergent counsels , and unwritten resolutions . reason of state is something more sublime and imperiall then law : it may be rightly said , that the statesman begins where the lawyer ceaseth : for when warre has silenced law , as it often does ; policy is to bee observed as the only true law , a kind of a dictatorian power is to be allowed to her ; whatsoeever has any right to defend it selfe in time of danger is to resort to policy in stead of law , and it is the same thing in the replicant , to deny to parliaments recourse to reason of state in these miserable times of warre and danger , as to deny them self-defence . many men , especially lawyers , would fain have law alone take place in all times , but for my part i think it equally destructive to renounce reason of state , and adhere to law in times of great extremity , as to renounce law , & adhere to policy in times of tranquillity . nothing has done us more harme of late , then this opinion of adhering to law only for our preservation : & the king and his party though they are too wise themselves to observe law at all , yet have wrought much upon the simpler sort of our side by objecting against us neglect of law . certainly as our dangers now are , it would bee good for us to adde more power to the earle of essex ( if he be thought the worthiest man of trust amongst us , as he has deserved no lesse estimation ) for till i see him lookt upon , and served as a temporary dictator , and the bounds of his commission to bee only this ; ne quid detrimenti capiat respublica cavere : i shall never think the parliaments safety sufficiently provided for . to frame any arguments , or reasons , or to offer proofes , that the representative body of the kingdome is a counsell of state , rather then a court of justice , would shew me as foolish as the replicant : 't is impossible any man should doubt of it , that does think the being is to bee preferred before the well being ; or that whole nations have any interests either in their owne being or well being . let our adversaries triumph in their owne conceits , and when in the same case there is both matter of law and state ( as in the case of hull , where the king had an interest rather in state then law ) let them upbraid us for declining of law : i shall like that best which they dislike most in us : i wish we had not observed law too farre , for they would never so farre recommend it to us , did they not know it might be sometimes unseasonable . as for acts of grace and pardon . i shall not much quarrel thereabout , the parliament can best advise the king how far it is fit to passe a law of oblivion in these generall times of confusion : and the answerer of the london petition affirmed nothing , but that their advise therein was likely to be most wholsome , which can hardly be contradicted . and the law is cleare enough that though the execution of law be farre intrusted to the king , and there is a dispensing power in him , so farre as he is supposed to be damnified or to be interested in the penalty ; yet where crimes have been committed against the whole state , the king ought not , and where particular men have been injured , the king cannot suffocate , frustrate , or deny justice . 't is against his oath , 't is against publike liberty to deny satisfaction by stopping execution . . but london is the most considerable part of the kingdome and the petitioners the best part of london ; and the most to bee valued in other parts , are inclined to the same request for peace , therefore the parliament ought to yeeld . when our adversaries please , they can alledge numbers for their advantage , as if the major part of the people were cordially on the kings side : when they please they can give you reasons why the major part of the people are inchanted , and therfore cannot be on the kings side ; yet we all know the major part cannot be both for and against the king at the same time in the same case . besides divide england into . parts , and we doe not allow london to be the major of those three , and divide london into . parts , and the petitioners cannot make it appear , that they are full one third part ; this must be attributed to our replicants boldnesse meerly . that which is manifest , is , that most of the faulty , and decayed nobility , and gentry , are of the kings party , and so are the lees of the people ; but almost all of the yeomenry ( which is the most considerable ranke of any nation ) and a very choyse part both of nobility and gentry at this time side against the king and the papists : and it is impossible for any rationall man to imagine , that the king has not infinite advantages against the parliament , if his cause be generally apprehended , as the more just : but sense teaches us the contrary , that no king in the unjustest cause that ever was , had a weaker party then this king , considering what courses he has taken . the king has an army , and such an army as is able to force and overawe all places where they lye , with swords drawne over the pesants : but cursed be that man for my part , that next after god , would not referre the arbitration of this difference to the publike vote of the people . and yet we know that there is a great deal of servilty in the people , and that for the most part , they looke no further then to present grievances ; like esau in his pottage bargain , chusing rather to dy for ever of a lethargy then to sweat for a time under a feaver . . all controversies are determined either by the dye of force , and chance of war ( for so nations have ever censur'd that kind of tryall ) or else they are concluded by lawes justly interpreted , or else there is a middle way ( which we call accommodation ) and that is commonly when to avoid the mischiefe of the sword , and the uncertaine intricacie of judgement , both parties by mutuall agreement condiscend equally to depart from the rigor of their demands on either side , and so comply , accommodate , and meet together upon termes as equall as may be . whersoever then the word accommodation is pressed , ( as it is now with us in the london petition , for the word submission is not at all used ) 't is most absurd and contradictory to exclude a yeelding and compliance of both sides . see then the manifest unjustice of our replicant , who when the matter of accommodation onely is in treaty , yet urges us to a meere submission , and taking it for granted that he is judge , and that he has determined the matter for the king ; therfore the king ought not to condiscend , or comply at all , or leave any thing to the parliaments trust , but must wholly be trusted in every point . . the king requires to have preserved to him for the future that compasse of royall power which his progenitors have been invested with , and without which he cannot give protection to his subjects . the parliament desires to have preserved to the subject , peace , safetie , and all those priviledges which their ancestors have enjoyed , without which they cannot be a nation , much lesse a free nation . now the militia and posse of the kingdome must be so placed , and concredited , and that the king may be as equally assured of it , as the parliament , or else without all accommodation the king must be left to the fidelity and duty of parliament , or else the parliament must be wholly left to the kings discretion , or rather to the kings party . in this case what shall be done , the parliament pleads that the king has resigned himselfe too far into the hands of papists and malignants , from whom nothing can be expected but perfidie and cruelty ; the king objects that the parliament is besotted with anabaptists , brownists , familists , and impostors , from whom nothing can be expected but disloyalty and confusion . if the king here will grant any security against papists and malignants , the question is what security he will give ; and if hee will give none , the question is how he can be said to seeke an accommodation ; so on the contrary , if the parliament will undertake to secure the king , as that is granted , then what must that securance be . i will now take it for granted , that the king ought to abjure for the future the giving of countenance to papists , or being counselled or led by them in state matters ; as also to disband his forces , and that the parliament will doe the like , and abjure all dangerous schismaticks and hereticks . but for a further tye to strengthen this abjuration , and for a securance against malignants , who are not yet so perfectly distinguisht on either side , what shall be the reciprocall caution or ingagement ? shall the king have all forts , ships , armes , and offices in his dispose ? shall the king assigne to what judges he pleases , the division of our quarrels ? or shall he trust his parliament in the choise and approbation of persons intrusted ? i will not dispute this , i will onely say , that the nature of an accommodation requires some condescending on both sides , and it is manifest injustice in the replicant to prejudge the same , as unbeseeming the king more then the parliament , and in all probability the parliament is likely to condiscend upon more disadvantageous termes then the king ; and is lesse lyable to be missed , and lesse apt to break a trust , then any one man . . to shew that the parliament is disaffected to an accommodation , and the king not , & that therefore a petition to the parliament is more proper & seasonable then to the king . the replicant bitterly reviles the parliament as having punished some for seeking peace , and as having rejected the kings gracious offers of peace with termes of incivility below the respect due to a king . what more damnable crimes can any man load the parliament with , then with rebelling against the king first , & after rejecting officers of peace with foule and scandalous language ? yet this the replicant freely grants to himselfe , and as if hee were placed in some tribunall above the parliament , where all allegations and proofes were utterly superfluous , he proceeds to sentence very imperiously . for ought i know i am as venerable and unquestionable a judge in this case as hee is , yet i dare condemn nothing , but rash and presumptuous condemning of authority without proofes ; and for that i have scripture it selfe for my proofe . as for the kings comming to brainford in a mist , and during a treaty , and there surprising men unprepared , and retiring againe upon the drawing up of our forces , that these are instances of seeking peace , and shewing favour to the city is not so cleare to my understanding as to the replicants . . but sayes the replicant , you grant that the people may perhaps find out a better way of accommodation then you have done , and you allow them to petition when you faile of your duty : and this must needs overthrow the strongest and most popular argument of your innocence , and authority . the parliament did never assume to have an absolute freedome from all failes or errors , nor does detract from other mens knowledge , it vindicates nothing more then to bee lesse obnoxious to deceit and perversenesse then other courts , and that the rather because it disdaines not any advise or reason from any parties whatsoever . . the answerer demanded from the petitioners a modell of an accommodation to bee framed by them , for the better help and instruction of the parliament . the replicant satisfies that demand ▪ hee makes two propositions thus ; that the parliament shall as readily consent to the kings rights as the king consents to theirs . . that the reigne of queen elizabeth : may be the measure to determine those rights . in this the replicant is very reasonable ; for we freely submit to both his propositions : but he is not so politick as he thinks ; for a submission to these generall propositions , will not determine any one of our particular debates . let us be safe , as wee were in queen elizabeths dayes , and let us be secured of our safety by the same meanes , as queen elizabeth secured us ; that is , by shewing no countenance to papists ( much lesse admitting them as counsellors , least of all as governors in her highest councells ) let wise men generally loved and revered sit at the councell table , and let the publick advise of parliament sway above all private ; let our lawes be in the custody of learned , and uncorrupt iudges , and let our militia be under the command of such renowned patriots , as shee preferred in her dayes ; and our accommodation is more ample , and beneficiall , then any we have yet desired . but our replicant will suggest , be you such subjects as queen elizabeth ruled , and king charles will treat you , as queen elizabeth did her subjects : doe you right first to the king and the king will not faile to doe right to you . here is now the maine question indeed , which rightly solved , would solve all , whether these deplorable miseries , which have of late vexed and grieved our three nations , have rather hapned from the change of the people , or from the change of the prince . and most certaine it is future ages will conceive no great doubt , or difficulty to be in this question : but now it is mortall to dispute it : it is scarce lawfull to suppose any thing herein , though supponere be not ponere but by way of supposition , i will only plead thus : if the three nations have by i know not what fatall posture , and congresse of stars , or superior causes , declined from their allegiance , and degenerated into unnaturall obstinacy , and turned recreant , and contrary to the sweet genius , which was ever in their ancestors , they are bound to submit to the king & to put in him as full and absolute a trust , as our parents did in queen elizabeth : but on the contrary , if miscarriages in government , and the pernicious counsells whereby our princes have been guided , have overwhelmed us in these inundations of blood , and mischiefes ; the alteration , and reformation , ought to begin first in the king , and he cannot expect that we should trust him so farre as we did queen elizabeth untill we are assured as fully of his protection as we were of queen elizabeths ; but suppose there have been faults on both sides , can nothing but the sword rectifie our faults ? i never yet heard that any prince was forced to a warre with any considerable part of his own subjects , but that he had an unjust cause , or might have determined the strife without bloud by some politick complyance if he pleased . it is not so common or probable in nature , for nations causlesly to rebell , as for princes wickedly to oppresse : and when armes are taken up on both sides , it is not so safe for subjects to yeeld , as for kings ; nor can subjects so easily reduce kings to a peaceable agreement , and cessation of armes , as kings may subjects for the sparing of blood . kings can make no composition almost dishonourable , or disadvantagious ; but subjects being falne into the indignation of revengfull princes are necessitated commonly to this choyce , either to come forth with halters about their necks , or to fight upon great disadvantages ▪ as rebellious as the subjects of rehoboam were , a kind , nay , a civill answer might have retayned them in their allegiance , and yet if their termes had been full of insolence , and their capitulations more unreasonable , yet salomon's councellors would have perswaded rehoboam to yield to necessity , and to master that multitude by some finenesse of wit , which he could not tame for the present by violence ; and certainly he shewed not himself the son of salomon , that would not purchase an hereditary empire over a gallant nation by being a servant for one day , that would quit his own policy , because the multitude had quitted their civilitie , that thought that complyance which should gaine a scepter more dishonourable , than that contestation which should absolutly forfeit one . how easy had it been for the great , the wise , the terrible philip of spaine , to have prevented the totall defection of so many goodly provinces in the netherlands : and if it could not have been done without something which is ordinarily accounted below , a k. would not that have been more honourably done by him , then the casting away of so brave a dominion , and the casting after that so much blood & treasure ? that king of france was far wiser , and sped better , which satisfied himselfe in his strugling through many difficulties with this maxime , that a prince can loose no honour by any treaty , which addes to his dominion . infinite instances might here bee alleadged , but they are needlesse . god send our king truly to represent these things to himselfe , and rather to trust plain , then pleasing advice . god open his eyes , that he may see how honorably , and easily he might heve preuented these calamities , and may yet stanch our bleeding wounds ; and how much m●re difficult it is and u●safe for the parliament to compose things unlesse he or rather his party be equally disposed to hearken to peace . hen. the . was as wise , as valiant , and as just a prince as ever was crowned in england , and no prince ever had by experience a more perfect understandi●g of the english genius : yet he in his death bed ( where dissimulation uses to be laid aside ) in his last advice to his own son and heire ( whom it was not likely he would willingly deceive ) deciphered the english nation to be generally observant of their princes , and whilst they were well treated , and preserved in peace and plenty , most incomparable for their perfect inviolable loyalty , but of all nations the most unquiet under such a harsh rule , which should render them servile , poore and miserable this he had abundantly prooved , and found true by the wofull deposition of his unpolitick kinsman and predecessor rich. the . and his own prosperous , and glorious raigne , and many strange traverses of fortune , which throughout his whole raigne . he was forced to encounter withall . his scope therefore was to recommend to his sons charge this nation both as dutifull , and as generous , of whose loyalty he needs not to doubt , so long as his iustice was not to be douhted . o that this most excellent prince could bee againe summoned from his peacefull monument to repeate the same advertissements in our soveraignes eares , and to justle out of his presence these bloud thirsty papists and malignants , which use all possible art to staine the peoples loyalty , and to candy over all his actions , intending thereby not to reconcile the people by procuring grace from the king , but to confound both king and people , by fostering enmity between both ? i will only adde this by such instigations , as our replicant and his fellow courtiers use , the king cannot be happy , but by the uncertainty of war , that is by making his subjects miserable : but such traytors as i am , if our advise bee entertained , propose to the king a more certaine way to happinesse by peace that is by making his subjects yet more happy ; but our replicant saith , the king is willing to condescend to any thing , but you will admit of no reconciliation , except the king will remove those servants , whom he had found most honest and faithfull in his afflictions , and prefer you undeserving in their place . here is the grand knot indeed , we oppose such as have been the counsellors or instruments of such and such designes : the king , saith , they are his friends , and he cannot abandon his friends : 't is confest , the king ought not to abandon his friends , but the king may erre in the knowledge of friends : and as he ought to protect his friends , in whom he cannot err ; so he is not bound to protect such as he meerly thinks his friends , and in whom if he will beleeve the voyce of the people , he is very much deceived . we have as much interest in the kings friends and counsellors as we have in our laws , liberties , lifes , any thing , for we know we can enjoy nothing if the king shall owne those for his friends , whom we know to be our enemies , and account of these as good counseils , which we know to be treasons against the state , that prince that will be arbitrary and rely upon his owne meer opinion , and discretion in the imployment of counsellors and ministers of state , having no regard to publique approbation therein , is as injurious altogether as he that will admit of no other law , judge , nor rule in the propriety and liberty of his subjects , but his owne brest only . it will be replyed , not fancy , but sense teaches this , that he that obeyes the kings commands , and fights under the kings standart is more a friend than he that disobeyes , and fight against the king : this is demonstration , no error can be in it . i answer no , 't is most false , scripture and reason manifest it to be most false . doeg did obey saul , when all his other servants denyed obedience , yet even in that obedience he made himselfe culpable , and his master abominable , whereas the other servants of saul were dutifull in withholding an unlawfull duty . so those souldiers which marched out after saul to take away the life of just and uncondemned david , they were instruments in a base disservice to saul , they are not to be justified for this service ; whereas those valiant men which accompanied david in his dangers and afflictions and were ready with their sword drawn to guard that innocence , which saul himself should have guarded are not to be accounted false to saul but true to david . and the meere presence of saul on the one side , did not make the cause injust on the other side , nor if himself had fallen by rushing oftentimes , upon defensive weapons , could that horrid guilt of his death , have been imputed to any but to himself . cursed therefore , yea thrice cursed be these miscreants , which ingage the king in this war against the parliam not without hazard of his sacred person , if they be private persons and have not sufficiency to decide this great controversie betwixt the king and parliament . for my part i dare not pronounce sentence , neither for nor against the parliament , as the replicant without all scruples doth in all places ; but i may safely say , that if the king does , though in person , unjustly wage war against the parliament ; the e. of essex and his army may far more lawfully fight in defence of that supreame court , than david and his followers did for the protection of one innocent private man . and taking the controversie as undecided , 't is not apparent who fight for or against the king , and the king may himself as lawfully claime to be sole supreme judge over all single and universal persons , and over all laws and courts , and in all cases whatsoever , as to claime any man a traitor for serving the parliament in this war ; and this if he claimes , what priviledge remaines to parliament , what limits remaine to the prince : what liberty remain is to the subjects ? 't is not only then trayterous , but ridiculous in the replicant to assume that supremacy to himself which is denyed to the king by condemning the parliament and justifying the kings party in all passages of this war , we when we except against the kings party , asperse not at all the kings person , and the law it self makes ever a distinction betwixt the king and his agents : though our replicant will not allow any such feverance : but betwixt the parl●am . and its instruments no such feverance is except for the worse , for there pejor est author quam actor , but sayes the replicant . 't is the unhappinesse of the king that he hath a par●y , 't is the fault of the parliament , he desires and ought to have the whole . see here 't is the parliaments fault that percy , digby , winter , mountague , crofts , killegrew , and many other of the queens devoted creatures are preferred in the kings favour before the parliament . and 't is the parliaments fault , that rivers , king . and the titular court of the palatinate with some other irish papists latly come over have the honour of the court , command of the camp , and spoyle of the kingdom to reward them , whilst manchester , hambden , hellis , ●im , strod , haselrig , are designed for the block , and that upon such charges , as shall intangle almost all the most eminent gentry and nobility , as well as them , that this is the kings unhappinesse is aggreed , but that this is the parliaments fault is not proved by the replicant , and we are not bound alwayes to abate him proofes in matters of this consequence . doubtlesse we are likely to expect great performances from parliaments hereafter if it shall be guilt in them that they are rejected , and if they shall be rejected only because other more favoring courtiers pretend better affection to the kings private advantage . the actions of popish and malignant courtyers , cannot represent them more friendly to the k. than the parliaments . no honour or prosperity has followed hitherto therupon all their difference is that their single professions of love are more credited , than such as are credited by the votes of the generality , and attestations of parliament . howsoever though many men do think , private advise and testimony , to be more valuable , and fit for princes to hearken too , then publick , i never till now heard , that it was a fault or blame in parliaments to be lesse valued or accepted then private persons . to what purpose is it said ? that the king ought to have the whole : it is our complaint that the king will not accept of the whole : and it is the replicants complaint , that the king is not suffered to injoy the whole . this shall reconcile all : let the whole be received as the whole ; and every part as it is major , or minor be entertained in grace and equipage proportionably , and this difference is composed . but sayes the replicant , the kings party is the more just , and therefore to be preferred , and this is to be judged of by rule ; as thus ; the parliament intrenches upon our liberty by imprisoning without cause , according to pleasure and claimes to be unquestionable therein : the parliament intrenches upon religion by committing our best professors , and planting sectaries in their stead , the parliament proceeds according to reason of state , not law : and this places an arbitrary power in them , and makes ordinances equall to acts of parliament . heare in a breif summe all that ever has been spoken , or can be spoken against the parliament ; and all this is grounded upon an ungranted proposition , that the parliament has no right to defend it self : for if it be lawfull for both houses of parliament to defend themselves , it must of necessity follow , that they may and must imprison , levye moneyes , suppresse seditious preachers , and make use of an arbitrary power according to reason of state , and not confine themselves to meere expedients of law . enough has been said of this , 't is impossible that any wise man should be opposite herein , and the kings party have more recourse to reason of state , and arbi●rary power by far than we have . but if it be said , that the houses abuse arbitrary power in imprisoning , levying moneyes &c. causelesly ; this is a false calumny , and not to be granted without particular and pregnant proofes , of which the replicant produces none at all , were it not for this great noise and boast of arbitrary power , our academians would want matter to stuffe their in numerable pamphlets withall : and the sillyer sort of malignants would want fuell to feed their enmity . and yet we know , arbitrary power is only dangerous in one man or in a few men , and cannot be so in parliaments at any time ; much lesse in times of publick distresse : for then it is not only harmlesse but necessary . the house of commons without the other states hath had an arbitrary power at all times , to dispose of the treasure of the kingdome , and where they give away one subsidy , they may give , and where they give l at one subsidy they may give fifty times so much , and all this whether war or peace be . yet when did either king or subject complaine of this arbitrary power ? nay if any parts of the kingdom have repined at the abuse of this arbitrary power , and refused to pay subsidys assessed by the house of commons , what kings would suffer it ? when was it not held a good ground of war ? so both houses have an arbitrary power to abridge the freedom of the subject , and to inlarge the kings prerogative , beyond a measure ; they may repeale our great charter , the charter of forrests , and the petition of right if they please , they may if they please subject the whole kingdom for ever to the same arbitrary rule as france grones under , nay , & they have often been with force and all manner of sollicitations almost violented into it : and yet notwithstanding all this , we are neither terrifyed nor indangered at all by this arbitrary power in both houses . to have then an arbitrary power placed in the peers and comm. is naturall and expedient at all times , but the very use of this arbitrary power , according to reason of state , and warlick policy in times of generall dangers and distresse is absolutely necessary and inevitable : but 't is a great offence , that both houses should make ordinances generally binding . they , which would take from us all meanes of defence ; if they could dispute us out of the power of making temporary ordinances had their wils upon us , for defence without some obliging power to preserve order , and to regulate the method of defence , would be vaine and absurd ; but this is but one branch of arbitrary power and reason of state , and to wast time in proving it necessary in times of extremity , if defence be granted lawfull , were childish and ridiculous . i have now done with the replicant , so far as he hath spoken to the matter , i shall now come to his emergent , strange , calumnious speeches , against the persons of such and such men , but this were caninos rodere dentes . i forbeare it , only rehearsing some raylings , which need no answer but themselves . the two houses are generally railed at , as guilty of rebellion against the king . all adherents to parliament are railed at , as anabaptists , separatists , &c. the lord major is railed at , for preventing bloudshed in the city , when the petitioners under the pretence of seeking for peace , had many of them plotted dissention , and this his office is stiled the stiffling of peace in the womb . the city preachers are railed at , for satisfying our consciences in the justifiablenesse of a defensive war , for this they are charged to fight against the king in the feare of god , and to turn the spirituall militia into weapons of the flesh . the framer of the answer is rayled at for giving the petitioners just satisfaction in peaceable language . though his words be confessed to be softer than oyle , yet 'ts said , that the poyson of aspes is under his lips ; he is called a cataline , the firebrand of his countrey , whose sophistry and eloquence was fit to disturbe a state , but unable to compose or setle it . the judgment of all these things is now submitted to the world , what the intent of the petition was , in some master-plotters and contrivers of it , will appeare by the arguments of this fell replicant . whereby it is now seconded . that the name of an accomodation was pretended to force the two houses under colour therof , to cast themselves upon a meer submission , or to be made odious , and lookt upon as foes to peace , which was a scilla on one side , and charybdis ( on the other ) is here manifested . whether the answer to the petition savour of so much malice and enmity to peace , as this replication does , let indifferent men censure , lastly , whether the soule of that man which thirsts for a firme peace , may not dislike these practises of pretending to it ; and the soule of that man which hates peace , may not make advantage of the name of peace , let all wise men proved and examine . finis . the cheif [sic] affairs of ireland truly communicated. for a check and reproof to all such as walk westminster-hall, onely to spread false wonders of the toryes, and landing of forrein forces in ireland, that they may discourage any that are now willing to go over either to plant, or serve in the wars for the better speeding of the work yet behinde. parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the cheif [sic] affairs of ireland truly communicated. for a check and reproof to all such as walk westminster-hall, onely to spread false wonders of the toryes, and landing of forrein forces in ireland, that they may discourage any that are now willing to go over either to plant, or serve in the wars for the better speeding of the work yet behinde. parker, henry, - . [ ], [i.e. ] p. printed by f: neile, london : [i.e. ] attributed to henry parker. the last pages are numbered: , , , , . annotation on thomason copy: "by h: parker esqr"; "february d". reproduction of the original in the british library. eng ireland -- history -- - -- early works to . ireland -- politics and government -- th century -- early works to . a r (thomason e _ ). civilwar no the cheif [sic] affairs of ireland truly communicated.: for a check and reproof to all such as walk westminster-hall, onely to spread false parker, henry c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion the cheif affairs of ireland truly communicated . for a check and reproof to all such as walk westminster-hall , onely to spread false wonders of the toryes , and landing of forrein forces in ireland , that they may discourage any that are now willing to go over either to plant , or serve in the wars for the better speeding of the work yet behinde . london : printed by f : neile . . the earl of clanrickard titular deputy of ireland , for the titular king of great brittain , upon receit of the duke of lorrains agreement with the irish agents , sends out his summons to assemble the states of ireland , that he may communicate to them the said agreement , and some other matters of publick concernment . one copie of his summons to the county of gallway follows here verbatim . after my hearty commendations , the last generall assembly held at lough reagh , having adjourned their sessions unto the sixth of november next , which through eminent occasions , and at request of the officers of the army , hath been appointed sooner , but by reason of the slendernesse of appearance , and power of the enemy , was disappointed from concluding any thing , upon the weighty affairs they had to debate , and adjourned unto the said day first appointed : we have therefore thought fit to renue , and appoint the meeting of the said assembly at james town , upon the said sixth day of november next , at ten of the clock in the forenoon , and do hereby pray , and require , that you will under your hand , and seal , return unto the said generall assembly , at the time , and place aforesaid , either the former persons returned from the county of galloway , and corporations therein , or two other able , and lawfully elected persons , by an assembly , or generall meeting of the aforesaid county , and two other able , and lawfully elected , persons , by the inhabitants of every burrough in the said county there to sit , and vote in all matters debated , by the said assembly , and if the power of the enemy will not admit such generall meetings , you are to cause the said election to be made , and returned in the best manner you may , and to give notice to the persons by you to be returned as aforesaid , not to fail in the said hour ▪ the rather that we have to commmunicate to the said ▪ assembly , as well a dispatch lately received by us of a transaction made , and concluded with the duke of lorrain , for the relief of this kingdome ; as also severall matters relating unto , and concerning the said agreements , and other matters of much importance to his ma : service , and the good of this nation , which ( least any interruption may be given us by the enemy ) we intend shall be entred upon , and debated the first day of the sessions , having resolved to avoid the danger of a long session , to hasten as far as in us lyeth the results to be there taken ; and so we bid you heartily farewell , and remain : at aghnanure the . october : . for the county of galloway . your loving friend , clenrickard . by vertue of this summons , a generall assembly was to meet at james-town in connought , novemb. the th . last : but the appearance probably was then very slender , and the power of the english did ( as it had done before at longh reagh ) disappoint the formall concluding of any matters of importance . in leynster , munster , vlster , all the cities , burroughs , towns , and places habitable ( almost ) were in english hands , if any messengers could be found to deliver summons , no competent electors could be found to observe the same : and even in connought the two head cities were at once besieged , and the besiegers of each were so fearles of being raised or disturbed by all the forces of ireland , that divided as they were , they yet further subdivided themselves , and marched abroad constantly to seek out enemies , and take in garrisons , all that lay within any reasonable distance . it must needs be therefore a very hard matter for clanrickard driven to such straits as he himself was , out of a nation so far subdued as ireland , then was to call together any thing , that might in any construction be admitted to be a generall assembly : or any representative fit to conclude of generall affairs . howsoever a copy of that agreement which had been completed betwixt charles the th . d ▪ of lorrain on the one part , and the lo : taaffe , viscunt sir nic : plunket ▪ knight , and geff : brown esquire of the other part , shall be here inserted faithfully . some abbreviation shall be used , as to those tedious , superfluous repetitions , which the lawyers stile intruder as necessary , but i shall not recede from the sense , and substance in the least : for that i appeal to the enemy himself . the copy follows . an agreement betwixt charles the th . d. of lorrain : and theobald l : viscont taaf ; sir ni : plunket , and geoff : browne , deputed and authorised by the kingdom and people of ireland . . the most illustrious duke is to be vested with royall power , under the title of protector royall of ireland . . because religion is the prime end and subject of the treaty : all is to begin with an imploring application to the pope for his paternall benediction , and help , that he will not be wanting in things spirituall , or temporall : in consideration whereof it is protested , that constant perpetuall obsequiousness of duty and faithfulness shall be paid to his holiness , and the apostolick see . . in consideration of this royall protectors power granted , the duke is by war to prosecute the kings enemies , and afford him all possible assistance . . the said duke is to do nothing in abrogation of the kings authoritie , or jurisdiction in ireland , but rather to amplifie it : and having restor'd the kingdom , and religion to their due , pristine estate , he is to resigne cheerfully the kingdom to the king . . before resignation as aforesaid , the duke is to be re-imbursed all by him preimpended in this business : and for this re-imbursement a generall , exact obedience to the duke in faith and fidelity from the kingdom and people is made , and to be observed ; without reservation to any other superiority whatsoever . . the duke is not to fail on his part to expell out of ireland hereticks , enemies to kings , and religion : and to recover and defend all things belonging to the faithfull subjects of ireland . . the duke is solely , and absolutely to exercise all military power , for the present and future in ireland , as to the nomination of all commanders , and guiding all martiall proceedings at his own pleasure , and in his own person : unles he in his absence substitute some other catholick person . . the duke is to introduce no innovation into the towns , &c. to him assigned repugnant to the securities , priviledges , immunities , proprieties , lands , estates , or antient laws of the irish : reserving only to himself authority to apply remedy in any thing accruing , wherein publick prejudice may be concerned . . the duke is not to interpose in administration of judiciall , or civill affairs , but leave them to be proceeded in according to the fundamentall laws , and politick forme by the kings chief governor , and the assembly instituted . . the manner of calling assemblies to be as formerly , unles complaint arise against their government , or other extraordinary emergencys hinder : and then according to the antient laws , the calling of the assembly is to be at the pleasure of his highnes . . when the work is done in ireland , by consent of a general assembly , the duke promisses to afford agents to the king , against rebelling adversaries in other kingdoms . in case the duke cannot go in person into ireland , it is free ▪ in his choise , and pleasure , to depute any other able man of catholick piety , who shall be independent in the militia , and in civill matters shall be received to all manner of councels in the same right , as any other counsellor , or commissioners . . all cities , castles , lands taken from the english , shall revert to the owners , if catholicks who have constantly persever'd in the catholick quarters under the duke , yet the dukes military power shal be intire over the same , to garrison , and dispose of them for publick security at his pleasure . . all pay to the souldiery is to passe from the duke , as well out of the publick revenue , as of the dukes coffers , when that fails : always provided that what the duke disburses of his proper , for publick uses for the future , be repaid him , as his former disbursements . . all goods of enemies , and delinquents , are to be converted to publick military charges , and towards rewarding great merits by the duke , with advise of the generall assembly . . the duke besides livre. already contributed , promisses all further accommodations and supplements of war , together with his power , and industry , whatsoever is not above the reach of his faculties , and beneath the necessities of the war : towards repayment whereof as well principall , as the annuall provenue , and use thereof , the whole nation of ireland is to be liable , untill the last penny paid , and for caution in the mean time , the duke is to be seized and possessed in his own hands of galloway , limerick , athenree , the castle and town of athlone , and waterford , and the royall fort of duncannon , ( when recover'd from the enemy ) and these are to remain to him , and his heirs ( untill full , intire satisfaction received ) and to pay just obedience : and the garrison'd , and commanded at his pleasure . . in laying of publick taxes , and leavying the same for the dukes satisfaction , the duke to proceed by advice of the generall assembly , and all aggrieved parties in case of inequality to seek redresse from the generall assembly . . for tiquidating , and stating the dukes disbursements a certain method shall be agreed upon betwixt the duke , and the said transactors ; but for the persons to be intrusted in that charge , the gen ▪ assembly is to alter them at their pleasure . . the duke shall make no peace , nor cessation without the lord deputy , and generall assembly . . the lord deputy , and generall assembly shall make no peace &c. without consent of the duke . july . . signed charles of lorrain . here is discovered a strange sodering , and patching together of contrary interests , by four severall parties on the one side , only that england may be undermined ; and betrayed by the conjunction of their counsels , and forces on the other side . here is the pretended vicar of christ , the pretended king of ireland , the pretended duke of lorrain , and the pretended plenipotentiaries from the generall assembly of the irish , and all these make their adverse pretentions reconcileable to each other , in this transaction , that they may appear against england , like the foxes which absolon coupled together , with firebrands in their tailes , when he intended to burn joabs standing corn . the pope would certainly govern ireland intirely , and imediately by his own substitutes , if it were possibly to be obtained , rather then admit of these conditions for the king or duke : but since all cannot be obtained , he will lay hold of what share he can . the king likewise cannot affect such rivals as the pope and duke : nor can the people of ireland voluntarily envassal themselves to so many signiors : nor would the duke of lorrain take the whole burthen of this rugged adventure upon himself , without better security ▪ but al of them bearing a joynt spight against the english , for the satisfying of that common spight , are willing , though against their wils , to daub up their own particular concernments with morter , altogether untemperd . it is not worth while therefore to inquire at present , what it is that all these treat for here joyntly , t is the dividing of englands spoiles , as appears by the t .. th . th . articles , but let us a little inquire what that game is , which every one of these treators hunts after , and pursues severally . the popes ends are to be found in the d . and ● ▪ articles ▪ that help , and benediction which is expected from rome , is not to be bestowed in vain : if the pope will now set to his assisting hand , and by his holy croisadoes , and other devote spells , contribute treasure to this work , ireland shall again return to his obedience , nay ireland being happily reduced , england , and scotland shall be attempted in the next place . we see the stuped old bishop dos not yet despair : though god has already powrd out some vials of his wrath upon his seven-hilled see , and rent away from him more then a d. part of his territories , and though there are more viale yet remaining , that must discharge more indignation shortly upon his throne : yet all this dos not quite deterr him from looking after new acquisitions , and re-installments . well : let him morgage a good part of heaven to raise money , and let him imbarque that mony in this expedition of the duke of lorrayn , we are still confident his empire is in its declination , and those cups of blood which have been lately fild to him , by his command in ireland , are the last that he shall ever quaffe in such excesse . the dukes ends are provided for in the . . . . . . . . . . . articles . he is by title to be protector royall of ireland , and by that office to assume regal power to himself , and deputies : the administration of civill , and judiciall affairs is to be left to a generall assembly , as formerly , or to the kings deputies , and ministers : but this in time of war amounts to nothing : because the military sword is absolutely , and independently girt upon the dukes thigh ; and t is well enough known , that in times of war the power military over-awes the civill as much , as the civill ought to overaw the military in times of peace . moreover , the war is not to be determined till the duke pleases , and if any dispute arise in the mean time betwixt power , and power , here is a particular reservation of authority to the duke to apply remedy : what that means : i leave to conjecture . besides , the duke is to have some share in the civil administration also , and the issuing of the treasure , & managing of the publick revenue is primarily in him : and till his disbursements be satisfied ( of which there is not yet no auditor but himself ) for principall , and provenue . all ireland is his morgage : yea divers of its chief cities , and fortresses are to be his in possession , for more speciall securance , and caution . upon promise of this security before the signing of the treaty , the duke sent l. to galloway , and since the full signing of the same , some other supplies of the like value have been sent from the same hand , and questionles , if the irish commissioners were able to grant enough to the duke , the duke has contracted warily enough for himself , but the main thing contracted for is yet in english hands , such as regard neither of the treating parties . so in conclusion , the duke is his own security : all that he has treated for with the irish , is but a crackt title : his own coffers must still purchase that which is to replenish his coffers : and the expence of his militia , must recover that which is to repay him for the expence of his militia ; it behooves the duke therefore now to lay all at stake , and not to dally away his treasure in crums , ( especially since he is dismist of the duke of newburghs entertainment , ) for all the body of his mercinary larro●…s , ( if he had swimming carriages , sufficient to their march , ) and all the plunder , and hire that that body has inricht him withall , are scarse sufficient to ensure this one irish bargain to him . the yong titular kings ends are condition'd for , in the . . . . articles : the duke promisses him fair , but leaves him nothing else to depend upon , besides bare promises . yea , and the commissioners also ( to whom the duke has promist a resignation of the crown after all demands satisfied , and debts paid ) treat by a commission from the kingdome and people of ireland , not so much as mentioning him : if then the yong titular king was privy , & consenting to this transaction : so directly threatning the extirpation of protestants here cald hereticks , and the confusion of england here made the pray of so many hunters ; we may safely conclude , that he has abjurde both religion , and country ; nay we ▪ may conclude further , that having postponed all other things to private aimes of his own , in the pursuing of those aimes , he is rather transported with counsels of blood , and revenge , then of hope and advantage . but if his consent was not past to these articles , so dishonourable , and injurious to himself , his irish subjects are not so loyall , and faithfull to him , as sometimes they would faine professe themselves to be , and as his tame complyance with them seems to merit at their hands . how wise his councellors are , i cannot apprehend ; for when i consider that the scots , and the irish have been perpetually courted by him , and gratified with condiscentions against his religion , against his honour , against his conscience , against his inclination : and yet nothing was ever hitherto held out to the governing party in england , but the red flagg of defiance : his counsels seem to me unfathomable . the advantages of the irish are now lastly to be look't after , in the . . . . . . . articles . for they are not only to be restored to their own forfeited estates : but rewarded also for their bucheries , and outrages with all that pertains to the english . they are to have negative voices in all truces , and treaties of peace . they are to be governd by a catholick prince , and in his absence by a catholick deputy : till the duke declares himself fully satisfied , and continued . they are to have the popes crosier as predominant amongst them as ever formerly . in brief , they are to have popery secured to them for ever , by vertue whereof , they shall be absolved of all blood by them already drawn , and enabled to shed , as much hereafter upon all occasions offred , for since they have not pawnd , but really sold themselves in fee to the duke of lorrain , ( knowing , and foreseeing their countries insolvency , and that the dukes pretences are never probably to be answerd in this age , though right reckonings might be expected ) that dear religion of theirs , which so sweetned to them by the sacrificing of hereticks , must needs be indefeasibly establisht amongst them . now all these things sumd up together , need no commentary to be made upon them : every english man , that knows what belongs to an english man , will be a sufficient commentater to himself . in observing of the irish especially ( for the other . treators are forrein to us ) and their sincerity in treating , no man can be deficient : for they we see here , whilst they are professing fidelity to the parliament , and seeking freedome of their own consciences , yet are articling with the duke of lorrain , and other potentates at the same time , to root out the very name of english , and protestant from the face of the earth : and though they have alwayes made their kings cause a principall part of their quarrell against us , notwithstanding that he is our profest enemy : yet upon all advantages they are ready to casheir him , though he he hath always followed his fathers steps in this , in keeping a secret , strict , and servile correspondence with them : yea , and espousing so much guilt of blood for their sakes , as all the water in the sea betwixt england , and ireland , will never wash off from his unhappy family . about the beginning of novemb : limerick yeelded to the lord deputy upon such articles , as shew what distresse the town was in : but the articles have been printed and publisht already , and therefore i forbear here to insert them . howsoever presently after , the lord deputy sent his summoning letters with offers of fair termes to galway , copies whereof you shall now have . a copy of his excellencies letter to gen : preston , governor of galway . sir , i shall not now do you the courtesie as to summon you at such a distance , because your gravity once chid me for it as unadvisedly ; but for the good mens sake of the city , who perhaps may not be so ayery in the notion of a souldiers honor , as to understand the quibles of it , or to find the worth or weight in them , to admit them in ballance against the more feeling concernments of their own safety , and subsistance ( though men of your unhappy breeding think such glorious trifles worth the sacrificing , or of other mens lives and interests , for ( however you would your own ) i have here sent to them a sober tender of conditions , which they may ( perhaps ) think it behooves them to consider , whilether's time , and rather at distance then stay till the refusall , bring mischief or danger neerer their doores . this if you shall fairly communicate as t is directed , and especially if you be found complyant to the substance and effect of it , ( waving the frivolous impertinencies of a souldiers honour or humor rather ) you may partake in the benefit of such conditions , as your quality renders you capable of . if you smother or suppresse it , you may guesse whose head shall pay for the trouble , or mischief that shall follow if god enable us to reach it , as i doubt not but he will , because he is , and we have eminently found him still to be a righteous judg , pleading the quarrell of the innocent , and a severe avenger of their blood against those that spill it , or lightly regard it , as well as a mercifull father , and faithfull master to those that serve and fear him . clare castle : novemb : . . sir : your servant , h : ireton . to the citizens of gallway . gent : i suppose you cannot but understand ; that as god hath been pleased to blesse and d●spose of our affairs ) we have no place considerable in ireland to intend next but your city , where i believe you must needs feel some restraint already , both to your trading and supplies , and cannot but foresee more coming on that will reduce you ( by gods blessing continuing with us ) to extremity ere long , though we should not at all deal with you in a more forcible way . and therefore though i can expect little fruit of a formall summons at this distance , and season ; if you be under the power of mercinary souldiery ▪ ( who will perhaps pretend point of honour , not to yeeld before more extremity , or immediate force at hand : but really intend their own interests , so far as to keep themselves in a warme quarter , and good pay , whilst they can , though thereby ( besides first milking of you dry ) they bring you into as bad a condition at last , as those in limerick , and other places have done the poor people that maintained them , and then getting as good conditions as they can for themselves to be gone , leave you with your more weighty interests behinde , to stand at the stake , yet not knowing but your wisedome may have kept you so far masters of your selves , and your city , as to be able to rid your selves of such guests when you see cause . i thought fit hereby to offer you , as once i did to limerick last year whilest they were their own masters , that if you will yet open your gates , and submit to the state of england , you shall find more mercy , and favour to all save the originall authors of the rebellion , the first engagers in command or councel therein ▪ before the first general assembly , or such as sate therein , then you shall ever have from me by bargaining for your selves . or if you think it better for you to capitulate for conditions , i shall ( if you accept them ) without farther trouble to us , give you the same in effect , which i tendred to limerick at my first setting down before it this year , in case they would have surrendred then , so as to have set us free for other work the remainder of the summer , which if upon the sad example of what they by the refusall haue lost , and what they came to at last , after all the distresses , impoverishments , and miseries of the siege , you incline to lay bold on while you may , and so prevent the like miseries ▪ you shall soon understand them from me . now indeed though you should not be ever mastered by an hungry sharking souldiery , yet the multitude of priests , those incendiaries of blood , and mischief amongst men , and of other desperate persons ( engaged upon their principles in the beginning of this religion , and in the murthers , and outrages therein committed ) which i understand you have amongst you , makes me apt to doubt that by reception and protecting of them , and adherance thus far unto them ( if not by any bloudy and treacherous acting of your own ) you may in the righteous judgment of god be so far involved with them in the same guilt , as to be doomed , to pertake with them in the same plague , and given up to be either overawed or deluded thereunto , by the same persons with whom , and for whose sake you have so made your selves partakers in the guilt , or ( at least , i am sure such , as those amongst ( so far as they can prevaile to overpowre you , ( or deceive you ) will endeavour to engage you as deep , render you as desperate as themselves , and makes your wealth and strength serve to maintain or protect them , and their broken wicked interrest , as long as ever they can , yet what ever issue it have , i shall have the satisfaction in my self of having discharged such a duty towards the saving and reall good of men ( if capable of it ) and in having by this a good tryall , how god suffers you to be inclined ( for mercy or judgment to your selves ) and see the more light what dealing he cals for towards you from our hands . if you shall be blinded or hardned to the refusall of this mercy whilest you may have it , and to put the state of england , and us their servants to the charge , hardship , and labour of drawing before you to besiege you , when there is no town but yours to protract the end of the war , you may well expect ( since we have nothing else considerable to do ) that we shall indeavour to the utmost to make you pay dearly for it in the issue , and more then others before you , by how much you alone do ( with lesse reason or hopes , and more malignant obstinacy ) lengthen out our charge and trouble , and make your selves the single , and more singular mark of justice . but if there be ( as i am not without hope there may be ) a generation amongst you , more peaceably or providently inclined , and not so violent or mad as the rest , who would willingly imbrace mercy while they may , but are over-powred by a faction of other desperate ones , i shall be glad for those that are so minded if ▪ god gives them hearts to do that right to themselves , as to use some meanes whereby we may know them , and who the rest are that oppose it , ( or the principles of them ) that so we may have some ground of discrimination ( when god shall give it into 〈◊〉 power ) to use that tenderness towards them , and severity towards the other which god in such ●ase ) would call for , and we should desire . for generall ireton . sir , it would prove no courtesie unto me , your summoning me at such a distance , but rather a discurtesie , which had ( in my opinion ) rendred you guilty of a second errour against the rules of war . you may not think strange that the people of this town should stand upon souldiery , honour , and have skill to oppose an enemy , who have of themselves ( without the assistance of others ) long since stood out against the threats and attempt●s of the lord forbs , who was generall of a fleet when he besieged them , and forced by them to retire without any losse to themselves . if my profession be unhappy ( as you terme it ) i cannot but admire , you should follow the same , which it hitherto hath proved to your content , may hereafter prove unhappy to you according to your own judgment of it . and if men of that profession shall be backward in venturing mens lives , in a just cause , ( such as i own being for my religion , king , and country ) they shall hardly attain to the effecting of any great enterprise . but such as hazard mens lives without a just cause will one day answer for their blood before god the just judg , in which ( when you reflect on your own actions ) you will find your self as guilty as others . your letter to the mayer , aldermen , and burgesses of this town i delivered them , knowing their honest and gallant resolution to be such , as they may not be drawn or tempted to any the least distrust or jealousie of the souldiery amongst them , which you indeavour by your letter to fill their imaginations with all , for your own ends , and their utter ruine , and had i suppressed or smothered it , i cannot guesse whose head should be subject to pay for it : for i hold that the heads of those with you , are as unsetled on their shoulders , as any i know in this town . your servant , tho : preston taragh . galway , novemb : . for the lord gen : hen : ireton , these . vve received yours dated at the castle of clare the th . of this instant , wherein you seem ( under the cloud of a friendly advice ) to set distrust , and jealousies betwixt us , and the souldiery amongst us , which perhaps the like hath wrought your desired effects of division and distraction in limerick , and other places to their own ruine : yet have we that confidence in the ownipotent god who is the author , and fountain of vnion , and charity that nothing shall be able to rent or break the setled conjunction which is between us in the town , so that howsoever god shall be pleased to direct our intenions , it will appear by the effect to be the general act of all without exception . you were pleased to speak in your letter of conditions offered to limerick the last year , and likewise of others offered by you to them , when first you sate before that city this year , of both which we being ignorant , cannot give that full resolution upon those offers by you made , we do expect from you the full scope of both these conditions mentioned in your letter , and that without exception of any person , or persons in or of this town , whereupon we will return unto you such answer and resolution , as god shall direct us , and which shall become good christians , and men of our condition and quality : and so we remain , galway . novemb : . your servants . richard kickwarty . mayor . oliver french . stephen french tho : linch . james lich. jo : stephens . dominick boowne . john blake . a reply to preston . se here old prestons confidence : because he fights for his king , county , and religion : because the citizens of galloway adhere unanimously to him : because he has a maxime of war to warrant him : and because he supposes there is an insnaring intent in the favourable conditions offered by the lord deputy : therefore he still resolves to run the hazard of a longer siege , and will rather abide the worst events of war , then accept of the favour here tendred . death has lately bereaved us of that pen that would , and best could have replied to there cavillations : neverthelesse such a fained plerophory of confidence as this must not passe without some reply . and first his lordship should have affirmed , that he fought for a just king , for an oppressed country , and for a religion truly christian : for that which he now affirms is but of little weight , in as much as all kings , all nationall quarrels , all religions are not justifiable , nor to be maintained by force at all times . and as to this particular case , the king here intimated is such a one , as in a solemnly-sworn , scotch covenant has renounced , and discomission'd preston himself , and all his adherants , as enemies to his scotch covenant , yea , and to requite this renuntiation of the king , the irish at the same time have offred to renounce him , and to alienate the crown from his posterity . let it be provided ; that popery may be establisht in ireland , and the buchering of british protestants remitted : and there are plenipotentiaries in england at this instant , that will conclude with us about ejecting monarchy out of ireland for ever . this shews how ingeniously this governor of galway makes kingly interest one prop of his cause , and one plea for his conscience in a dispute so bloody , as this has hitherto prooved , and still is likely to prove . then for his countrey that affords him as weak an argument for the upholding of his courage , as his king . for . that which he cals his country has no place to convene , and vote in but woods and boggs : and divide ireland into parts , and . of those ten have laid down arms , submitted to the parliament : and desire protection no otherwise , then as they disavow all that were guilty of the first massacre , and continue now in hostility against the english . ly . admit there were any right of government in that minor part of fugitives , which preston here cals his country , meerly because they continue to abett , and justifie by force the first rebellion in . yet still he knows , those fugitives themselves are now subdivided into severall parties , and contrary counsels . one part of them is now treating with the duke of lorrain , about a resignation of ireland into his hands , an other is proposing contrary termes to the common-wealth of england . ly . grant all ireland undivided , in a free generall assembly , did impowre preston still to maintain by armes , that horrid conjuration and barbarous exception of . will he imagine , that such a power can make the demands of satisfaction , and expiation illegall in the english , or a deniall of the same legall in him , and his principalls ? he may aswell suppose that law civill may abrogate the law of nature ? and that the commands of impious ▪ bloody man , may supersede the most fundamentall institutions of god . what an incredible stupidity is this in preston then , that he puts any comparison betwixt his own cause , and the lord deputies , when all the world knows his sword is drawn to maintain the most execrable outragious slaughter of christians , that ever the earth was made drunk with , and guilty of , and the lord deputies is drawn only to recover due vindication for the same ? but preston alledges further that he is religions champion , as well his kings , and countries : and this must needs move very much with all that know his religion , for we must understand , by his religion , the virgin mary commands in heaven equall at least with jesus christ , even as on earth the bishop of rome governs almost solely , and intirely above all that is called god . by his religion , divine merits suffice not without humane additions by his religion , the pope may invert totally gods most sacred ordinances , making incest sodomy , perjury , rebellion , &c. excusable , and commendable as often as they serve his advantages , and pretentions by his religion , an absolute soveraignity is due to the pope over all princes , and governments , and to deny the same attaints any man of heresie . by his religion , heresie is a sufficient cause to expose whole nations , to the destruction of his emissaries , yea if oaths have been made to preserve them from destruction , those oaths are to be avoided , and falsified upon paine of damnation . by his religion , many thousands of protestants infiduously murdred before open war in ireland , since ● were piously sacrifized to christs vicar at rome , and for him to defend these sacrifizers , merits much of all the angels and saints in heaven . of this religion therefore which thus inables the pope to do things diabollicall , whilst it pretends to clothe him with divine soveraignity , more need not be said ; if this religion be in any proportion , or shadow answerable to that which was preacht , and practis'd by our saviour , let preston still injoy his confidence in it . the d . thing that buoys up the spirit of the lord of taragh is the unanimity , and stoutnes of the townsmen under his command : and this to us signifies very little : for when a company of tradesmen , and mechanicks has a governor to flatter them with stories of the lord forbes , a priest to invegle them with fables of purgatory , and a souldier to aw them with pikes , and muskets : t is no great wonder if they promise compliance , and give way to their mayor , and some few aldermen to subscribe for them . nay if the lord of taragh himself seem at present , as things now stand , to promise himself much from this agreement , and subscription of the townsmen , that is as little to be wondred at ; because it may very wel be notwithstanding , that he which now speaks big words upon the approach of winter , may yet resolve to be more attentive to reason , when the approach of the spring ads more advantages to his besiegers . he cannot chuse but remember that in . he had as much assurance of constancy and fidelity from the tradesmen , in waterford , as he has now in gallway , yet both he and the waterfordians in the end found cause to lament that unhappy assurance . drogheda suffred for its obstinacy , though it was the first town that rejected favour , let gallway then and preston too , consider what it is ▪ to reject favour at last cast , and to remain obstinate after all other places of consequence are reduced : let not the lord deputies fair warning be too far slighted . a d. thing that animates his lordship , is a puntilio of honour , which some rude , meer sword men reverence , and observe as a maxime of war ; and by this maxime a commander in chief is to prefer his own repute before the saving of thousands under his charge : and t is declared to be forfeiture of repute to him , to accept of conditions from an enemy whilst they aree too favourable , and too timely . all the misery which fell upon waterford by pestilence , famine , and the sword in . might have been prevented by this lord of taragh , ( at that time governor there ) had not his honour been inconsistent with the acceptance of the terms then offered : and the termes then offred were better then his lordship ▪ afterwards accepted without any blemish to his honour , they were only dishonourable in this , that they were offerd too soon , and before the city had sufficiently tasted the miseries of a lasting siege . at that time before a sacrifice had been made of men , to the repute of this famous generall , t was not fit for him to march away , but after this due right , and solemnity performed , he had a maxime of war to warrant the rendition of the place upon termes more disadvantagious . we know not when , where , not by what senate of martialists , these tyrannous laws of honour were enacted , but the tyranny of them is very manifest , and by this tyranny iredah , wexford , limerick , and some other places in ireland , have been lately brought to very sad , and tragicall castrophes : and it should seem preston thinks himself still necessitated by the same , to bury himself , and gallway in honourable ashes . the lord deputy taking just scandall at such ignorant mercinary swordmen , as these who follow armes out of choise , not necessity , and not understanding honour rightly defined , shed blood for formality , no● policy ▪ calls the profession of them unhappy : and this preston stomacks at , and retorts , as if the lord deputy were himself of the same profession . herein his ignorance appears still more at large : for the lord deputy ▪ did not speak disdainfully of all , but only of such souldiers as fall under the foresaid distinction : he is as much mistaken in souldiers now , as he was before in the honour of souldiers : and this shews that his rude , and truly unhappy trade never tought him rightly either to define , or distinguish . the last thing that hardens preston , or rather that is made use of by preston to harden the townsmen of gallway is this ; that the lord deputy intends no more favour to them , notwithstanding all his fair offers of mercy , then he dos to the souldiery , and the rest of the desperate incendiaries in gallway , whom he excludes from it . and he tels the people the lord deputies design is onely to breed variance , and division betwixt both parties , that both might be made his prey the more easily . nay he is not ashamed to tell the people that limerick was bet●ayed , and lost by the same fraud . what are these people ashamed of ? all the world knows , that limerick after great hardships , and distresses endured in a long siege , was forced at last to submit to that ingens telum , which we call necessity : and those miserable people that are still surviving after all those calamities , will be sad witnesses , that they may curse that obstinate unity that made them hold out so long , not any factions , or dissentions that made them submit so soon . the english were never guilty of circumventing enemies by subtilties , and of all english men there was never any one more averse from deluding snares then the lord dep : ireton : let them but name one town in ireland during all these wars , that ever lost by timely yeelding , or had cause to boast of long holding out , and this argument shall be wholly granted them . finis . mr. william wheelers case from his own relation this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) mr. william wheelers case from his own relation wheeler, william, th cent. parker, henry, - . p. s.n., [london? : ] caption title. attributed to henry parker. cf. wing and halkett and laing. also attributed to william wheeler, civil engineer. cf. bm. ms. note by thomason: "by hen. parker, esquire." publication information from thomason coll. reproduction of original in thomason collection, british library. eng wheeler, william, th cent. robinson, henry, ?- ? a r (wing p ). civilwar no mr. william wheelers case from his own relation. parker, henry c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - emma (leeson) huber sampled and proofread - emma (leeson) huber text and markup reviewed and edited - pfs batch review (qc) and xml conversion mr. william wheelers case from his own relation . having been imployed in norfolke , suffolke , and some other countreys , as engineer for sea-breaches , drayning of fennes , architecture , plantations , &c. i found that the name of a traveller , and the forrein acquisition of skill did adde that credit and repute to artists , which no native is allowed in his own countrey amongst his own kindred , and acquaintance : whereupon i took the resolution to imbarke for holland , and there either to improve my abilities , or the value of my abilities by conversing with strangers . being arriv'd there about christmas , . i spent some time in passing from place to place , viewing the mills and water-works of that countrey , and it soon appear'd to me , that there were great defects therein , which i ( god assisting me ) by my own inventions was able to alter , and amend to the exceeding benefit , and profit of the states . by the advise therefore and assistance of sir william boswell ( to whom i addressed my self first , as being his majesties resident in those parts ) i made propositions to the states generall with some overtures of my particular inventions , and did refer the same to ocular demonstrations , and publick experiments . the propositions were entertained , and proofs by plots , and models were demanded ; but because the benefit of my undertakings would arise to so vast a revenue , if i could accomplish them ( as was obvious to every common understanding primâ facie ) therefore i was the more distrusted . the heads of my propositions were : to draine ; or to drowne lands ; to raise great waters to reasonable heights , from three foot to six , &c. to raise reasonable quantities of water to great heights , and both these , cheaper by one half then before , and double in quantities , if not more . likewise to bore timber with a wooden augur , bigger and cheaper : to put and drive great piles into the ground without beetles , or the usuall moliminous instruments of contusion . and lastly , to raise , and carrie from place to place all ponderous weights more easie , and cheap , then had ever been yet discovered . within the space of half a yeer some small models were perfected , and view'd by three of the states generall at the l. rippedays house ( he being one of the said commissioners appointed for that purpose ) and publick approbation was given thereunto . in june , . i had a patent granted by the states generall for the putting in execution , and for the sole usage of those my inventions for twelve yeers : and in july following i obtained an other speciall grant of the same from the states of holland , and west-freisland . after this i began to frame bigger and larger engines , and in september following , i gave proofs of their efficacie , and operation in publick , at the hague ; and then it was manifest , that as the models did more then answer my promises , so the engines did more then answer that which was expected from the models . the prince of aurange upon a sight of my models graced me with a present of guilders to buy me a payre of gloves ; and afterwards when the force of my engines was openly tryed at the hague , the states generall gave me guilders as a testimony of their liking , and allowance . my engines were various , of severall fashions , and for severall uses , so framed that they were easily portable , and removable from place to place , readily to be erected anywhere in a little time . one of these engines tryed its efficacy upon a graft or mote at the hague in the presence of divers of the states generall , as also of holland and west-freisland , and the lords of leydon having severall artists with them out of severall other towns , and at that time it carried a thousand barrels an houre being moved onely by the hand of one or men raising the water to foot or more , and greatly satisfying all spectators . for my further encouragement also in jan. , my patents were renewed from yeers , and a prolongation to was granted ; and the words did mention that the inventions were new , never before practised by any , and that they were of publick benefit , and therupon a greater penalty was added against all such as should trespasse upon me by imitating , or using the same to my prejudice without my leave . but presently upon this the seene began to change with me ; for whilest i was uncredited , i was below envy , and so i found offices of friendship from many , and no ill offices from any ; but as soon as i had attained to any belief , and so to eminencie , by abiding the test , both my skill , and the incredible advantages which seemed to attend the same , drew upon me infinite enmities , and oppositions . this neverthelesse i must observe , that my chiefest adversaries were such , as were my own countreymen , such as i expected most friendship from , such as i had most intrusted , or most ingaged ( as i thought ) by my service , and credence , and so by consequence had most power and opportunitie to undo me . and that i may not asperse any unjustly , this shall be a particular account to the world , what sir rob. honywood , sir will. boswell , mr. gwyn his secretary ( and some others his servants ) what palmer my sollicitor , robinson my man , one horne the fabrick of leydon , but of english extraction ; as also one sasse a game-keeper to the prince of aurange , with divers other under-instruments have done to ruine me , hoping to wrest out of my hands thereby either the honor , or the profit of my performances . the first mischief which encountred me in the heat of action , whilest i was industriously pursuing my infant contrivances was this : as i was one evening going home to my lodging in the company of cap. lucas , upon the spie-bridge i was assaulted by two of the prince of auranges servants ( and some others of his guards ) and others about in all , and in this unexpected fray cap. lucas had two deep cuts in the head , i had one stob in my body , and by the same lost the use of my left arme , never to be recover'd , both of us were left for dead upon the place , and for nine dayes after , there was no hopes of life in me . the assaylants fled presently to colenbury for sanctuary , and those of them which were the princes servants , as soon as his highnesse had notice thereof by the beating of a drumme were sommon'd home , and very nobly satisfaction was orderd to us ; but after moneths suite in that cause ( though the delinquents were condemned both in the hagues court , and the court of holland ) and guilders were particularly adjudged for my dammage , yet i could recover nothing , but lost my time , spent my money , and became daily further intangled in more and more troubles , and contestations . whilest i lay in the greatest extremitie of my hurts , not able to take any order for my affairs , the afore-named s●sse , of whom i had rented some roomes for my engines , and works , sent to me for such an exacted summe of money , or else to throw my engines , and works out of doore . i was not able at that time to procure the money , sir will. boswell denied me the loan of . li. to prevent this mischief , though formerly upon my bond he had done greater courtesies , and so my works were broken , thrown out , and exposed to the view of all men . these troubles also brought me into the acquaintance of sylvester , and one palmer , who undertook as my sollicitor , but secretly were traytors to my proceedings , and such as underhand wrought my over-throw many severall wayes long before i began to suspect them . the next potent adversary i had to grapple withall , was horn the surveyor or fabrick of leydon ; and he being present at the hague with my engines were first proved before the lords of leydon , and many other of the states , and by some secrets which i had communicated to him , and by the help of some of my workmen , whom he had inveigled to his service had most opportunitie to stand in competition with me ; for i was not onely overcome by his insinuations at first , and won to some confidence in his friendship , but also i was necessitated to lay my art the more open to him , and some other fabricks , upon whose judgements the states relied , that by satisfying them , i might convay satisfaction to those which imployed them . i was now therefore put to a vexatious , and expencefull triall before the lords of leydon , after all my former experiments in publick , and my severall octroys granted thereupon , to evince again the noveltie , raritie , and commoditie of my frames , and mils : and by this means i was forced to send to divers places for attestation , and for some forms , and works , which at last by a double operation visibly disproved hornes pretences , and in the judgement of all gave me the victory . neverthelesse horne would not so desist at leydon , but in opposition to my patents , did make use of my inventions , whereupon i brought my action upon my octroyes , and at last though with much difficulty , did overthrow him , and get for damages li. which r●binson my man compounded without my privity and consent for guilders in part . this placed me above all open attempts , or controversies in law , but the more i was secured by publick justice , the more i was envied , and made the mark of treacherous conspiracies . in all places i had quarrels urged upon me , at all times i found snares spread for me ; eleven severall bargains i had made for the erecting of my mills in eleven severall places , but all were frustrated by letters sent from the hague , directed by i know not whom : and now as these disasters had brought me into great wants , so my extreme wants ingaged me still further into many worse disasters . one maine disadvantage that my indigence brought me into was the acquaintance of robinson ▪ who by accommodating me with some moneys ( yet payed after ) in my necessities , and making himself officious to me when my fortunes were lowe , got into my service , and good opinion , and by that means after proved a fatall traytor both to me , and all my designes . this fellow held correspondence with palmer , & both of them incited sir william boswell against me , and by the correspondence which they both held with sir will . boswell , and all the rest of my enemies i found my self every way surrounded , and cut off from all escape . robinsons part was , to discover my art , to practise it himself , to reveal it to others , to grant licences without my knowledge to my prejudice , to compound with defaulters without my leave to my losse , to impute his own failings to the imperfection of my works , to combine with my greatest adversaries . palmers part was , to confound me in matters of law , to cast me in all courts of justice , and particularly to create new enemies , as sir will . boswell amongst the states , and sir reb. honywood at the queen of bohemias court . he had failed in england of a monopolizing patent for steele , and therefore he depended now upon his shifts beyond the seas , and was a profest enemy to all men more ingenious then himself . one mr. hobart ( to my knowledge ) made a new proposition in holland for brewing , baking , &c. without smoke , and with lesse expence of fuell , &c. and had prospered in his fair , beneficiall designe had not this palmer enviously quash't his proceedings . with the same impudence also he came to me , and told me , that i sought to ingrosse too vast a revenue : and that if i would admit him to partake , i should prevail : otherwise not . his jeer was this , mr. wheeler ; i can stop your wheels at my discretion : if i say to sir will . boswell they shall move on , they shall : if i say , he shall forbid them to move , they shall not dare to stir . sir ro. honywoods part was , to exclude me of all favour at court , and therefore divers times he commanded me to avoid the presence , and once he set irish halberdeers of the queens guard to fall upon me , who accordingly did not onely deny me accesse , but also tore me by the haire of the head , and this they confest they did by sir rob. honywoods command . he became also an adventurer with robinson and palmer , and did disburse ( as i have heard ) li. in assayes , and trying to bring some works ( begun by me ) to perfection , but all proved frustrate , and successelesse . but the most powerfull of all those aspects which boded ill to my fortunes was sir will . boswell ; and as ( i am confident ) without his concurrence all my other opposites could not have so far opprest me ; so without their instigations , he would not ( i perswade my self ) have entertained any thoughts of ill towards me . howsoever long it was before i could be induced to think , that sir will . boswell had ends upon me , much lesse such extreamly avaritious ends , such as nothing but my utter ruine could satisfie . but my eyes were by degrees opened ; for first i perceived he gave too much care ta my worst enemies , and then in the patent for england which he procured for me i saw he had put in his servant cropleys name , and that device ( besides other competent rewards ) cost me li. to compound . a patent likewise for ireland was promist me , but i have it not , and i hear t is granted in sir williams own name , and reserved for his own use : lastly , my patent for holstein , and denmarke , is still deteined in his own hands . i found moreover that by some dangerous questions put to me at some times about my pedigree , he was not without some aymes of having my life at his mercy by the stroke of the law , if need were . my necessities made me upon an occasion become a suiter to him for the loan of some moneys , but the conditions proposed by him were strangely rigorous , insomuch that in a jesting manner i askt him , if he were good at drilling . hereupon he grew much inraged , and causing his servants to lay violent hands upon me , he disarm'd me first , and then broke my head to the skull , spurned me with his foot , and offered divers other ignoble indignities to me in his own house . about that time also i was reduced to so pinching extremities , that for dayes ( besides gods infinite mercy ) i had no more then stivers to preserve me from famishing : and which way soever i turned my self for relief i found my way blockt up with difficulties , so evill an eye there was over me , that i was prevented of trust , nay my very pawns were refused , and could not be taken . farre was i now from proceeding in my fabricks ; those mils and frames , which i had begun , and perfected with great trouble , and expence , i could not keep : after my goods and materials had been part broken , part stome , part thrown into the streets by the exaction of sasse , when sir wil. boswell refused me li. to save them , i had built a place my self in a peece of ground belonging to one of the lords in the town , thinking to secure my engins , & utensils from further violence , but the place was soon broken open , the boards were taken away , the mils were spoiled , and no remedie could be procured . my fortune was also to take two of the theeves in the manner , whereupon with my sword in the scabbord i strooke them , not knowing how to bring them to condigne punishment : but they presently escaped from me , and scarce any thing ever proved more mischievous in the event then this revenge of mine so taken upon them : for not long after as i was walking in the backside of the town , by the moat that runs by the princes garden , being alone and unarm'd , i was incountred by the same two theeves ( as i conceive ) and about more , who with spades and shovels and other weapons fell upon me and cruelly wounded me , so that to save my life i was inforced to take the moat and to dive to the bottome for brickbats to defend my self . at my rising out of the water one of the princes fishermen ( who had been a ring-leader before in the other fray upon the spie-bridge at that time when i was wounded with cap. lucas ) took hold of my haire and kept me down in the water , under his boat untill i was almost spent ; and then pluckt me out half dead , as if he had been courteous in saving me . being drawn out so wet in a cold season , and so hurt , by the help of robinson , who then appear'd , i got ho●e to his house not farre distant from the place , and there shifted my cloths . but the said robinson and his wife by that opportunitie got my keyes out of my pockets , went to my lodging , ransackt there my trunks , took away divers models , and secrets of value , together with some attestations concerning my businesse , as also other writings , and an ancient pedigree of my grandfathers , out of which they eraced divers names . some of these they carried to sir wil. b●swell ( for i have my self seen them since at his house ) the rest they kept , or dispersed into divers parts of the countrey , ●s knowing that they were proofs to difference my works from other mens , and to manifest the noveltie , and rarity of my inventions . for about a fortnight also during my abode in robinsons house , whilest i was weak the house was much visited by some of the queen of englands trayne , who were very desirous often to converse and drink with me , and i accordingly did severall times gratifie them with my company . amongst other conference they invited me to undertake the charge of an engineer in the warre against the english parliament , making me beleeve they did expect great and eminent service from me , if i would accept of imployment : and when i was not inclining thereunto , they endeavoured to divert me some other way , offering me imployment in brabant , and solliciting me also much to turn my religion . these propositions taking no effect with me , i found cause to suspect that the cups wherin i had drunk in their company had been secretly mixed with some veneficall or magicall ingredients , for i found my self strangely driven into fits of lunacie , and not onely distempered , but also tortured both in body , and mind . my understanding neverthelesse did not wholly depart from me , and therefore i demanded my keyes of rohinson , but could get no other answer , but that they were delivered to sir wil. boswell . i desired then that a new lodging might be taken for me in some place more convenient , quiet , and neerer to my works then my former was : wherein robinson promist presently to accommodate me . upon this pretence he went forth , and at his return in the evening he undertook to wait on me ( having an other in his company ) to my new taken chamber : but i suspecting no plot or treachery in him was led into a dulhouse or bedlam . as soon as i had entred the chamber robinson and the other stept suddenly out , and the doore was lockt , and bolted upon me , and i was there left alone inclosed to be treated as a man utterly mad , and raving . the place was solitary , and far from resort of people , and as i had no hopes of any help but by calling out a loud , so my loud calling or hollowing was interpreted as the symptome of my distraction . seeing my self remedilesly thus lost to all the world , but such as had conspired my destruction , i betook my self to god , and submitted my self to be removed from roome to roome , and to be ordered in my diet , and other things as they pleased , and for nine moneths space the miseries of my martyrdome was exceeding sharp , and exquisite . mr. gwyn with other of sir wil. boswels servants , and my man robinson came upon visits often to me pretending to pitie my lunacie , and to do charitable offices ; but their common practise was to force potions upon me which my nature abhorr'd ; and when i could not chuse but be reluctant to them , five or six at a time of them fell upon me with clubs , and staves , using inexpressible cruelties till i had drunk them off . after i had drunk their compositions i was possest after an unheard of manner , but these reasons make me think that what i did and suffered in my fits were not the effects of meer phrenzie , but some diabolicall art , and sorcerie : for first , my senses remained so with me , that i my self sensibly condoled my own condition : and held my self as a slave under those commands , which i would fain have disobeyed , but could not . secondly , i was never subject to the like ravings before that time , or since . thirdly , my yard did begin to be drawn up into my belly , my hands , limbes , and whole body was contracted , or benummed , or some way tortured , till i did act , and speak according to the commands which were upon me : the force thereof broke out of my flesh , brought my nails from my fingers , and almost my eyes out of my head , and this is not the operation of that , which physitions call laesa phantasia . fourthly , divers odious sents almost poysoned the roome to the taking away of my breath , and leaving me neer suffocated ; as also divers spirits in antick forms appear'd to me in dances , and one in the likenesse of a cat kept neer my roome , and for divers moneths removed not till i had acted all those parts over , as they thought fit . some things i did as a playstrer ; some as a bricklayer , some as an other artist or tradesman , doing all things in all arts whatsoever : sometimes i was constrained to declare my religion , sometimes my affection to that countrey , and i could enjoy no quiet at all till i did obey in all . fifthly , these charms most especially inforced me either to discover the secrets of my profession , and that ability and knowledge which was requisite to the finishing of my works : or else to use violence to my self , by running my head against the wall , or otherwise . but in these two the mercy of god most admirably fortified me : so that i did conceal my chief skill , as knowing that then they would no longer let me live : and whereas they had fixed nayls in the wall purposely for me to beat my head against , i did knowingly avoid the same . sixthly , some things were done by my hand at that time which no mortall man naturally could do , much lesse could i being under lunacie , for when they had set paper and pen and inke beside me , i wrought half a quire of paper in an houre , and drew some mathematicall lines without instruments as exactly as if i had had instruments . seventhly , whereas i was inforced to eat my own dung , and drink my own water , to sit stark naked in the bitterest frosty nights of winter , and to take some purgations when my body was empty , and so could void nothing but blood upwards , and downwards , i yet overcame all these things , and came off with life which ( i think ) none could have done , that was not miraculously preserved , as well as diabolically tortured . nine wofull moneths of martyrdome were now run out , and yet the faculties of my memory and intellect were not wholly broken , though much weakned ; and now robinson and palmer who during my imprisonment had conspired with sir robert honywood to imitate my works , and usurp them as their own , saw their skill failed , and their hopes frustrated therein . li. or thereabouts had been disbursed by them in new assayes , and in trials to perfect some works begun by me , and operate without me , but all would not do : and therefore t' was thought fit that i should be again inlarged , and incouraged to accomplish those things , which they could not . some things therefore upon my release i did bring to expedition , and some engines of my own which were of guilders in their hands , i did make serviceable , and sold for a thousand guilders to an understanding engineer , one captain flood , but i would not be induced to assist robinson the traytor in any of his works , or such as belonged to his confederates . being at liberty also i travell'd about in the countrey to observe what imitations of my works had been made , and i found that in divers places they had attempted , but not perfected the same , yet at leydon and some other places by my inventions , and the advantage of some of my models taken out of my trunks ( as aforesaid ) they had brought some works to a good perfection , even to a double improvement of what they had been before . i was resolved therefore by one addresse more to sir will . boswell to make one further attempt in the reviving of my businesse , and in order thereunto about march . i put my self upon his friendly assistance as my utmost refuge , and desired his favour to procure guilders for me , but his conditions proposed were extreame , and rigorous , and no lesse then a totall forfeiture of all my fortunes was inwrapped in them . hereupon i plainly perceived , it was absolutely impossible for me to grapple with so many disasters , conspiracies , injuries , necessities in a strange countrey , having at court , in the city , in the countrey , every where malicious , subtle , perfidious enemies to crush my hopes : and so in april following i set sail for england . since my arrivall here , i understand vast debts are in my absence charged upon me in holland , the greatest part whereof were incurred by my sicknesses , or wrongfull imprisonment , or by robinsons false accounts , ( skores which he has wrongfully set upon my head ) or by other mens unjust pretences , wherein i am condemned without being able to make defence , or wage law . and now for these debts my patent ( taken from me when i was in the dulhouse ) & all my right is by publick order sold , and disposed of as i hear . for a further prosecution also of so dejected a helples a man , lest i should hereafter recover breath , or strength to rise again , i am still pressed by sir wil. boswell in his letters to mr. bullen here in tower-street , and to others of his correspondoes : he still cuts me off from all hopes of future recrutes by disabling my credit , vilifying my works , disparaging my abilities , and depraving my intentions . this being my hard case truly stated , and faithfully represented and since it appears hereby , that as my past sufferings have been beyond the strength of such a man as i am , so my future oppositions are likely to transcend all ordinary resistance : i make it my most humble submissive request to the high and mighty states , that they will by a publick , extraordinarie hand of justice afford me a redresse , and support suitable to the nature of my unequall'd grievances . two things i undertake to make sensibly demonstrable : . that the water-works in the netherlands have been exceedingly improved to the great publick advantage of the united provinces by my discoveries , since the publishing of my inventions in . . that for the time to come , if due incouragement and means may be allowed me , i will ( by gods assistance ) yet bring to further perfection , and doubly advance the same water-works as they are already improved , and for a further addition also make a new discovery of some other works , and engines which shall be of rare use and service to the publick in experiments of an other nature . if these overtures be thought worthy to be taken into consideration , i desire the conditions and proceedings thereupon may be managed with sufficient caution on both parts : if these things seem of light credit , yet thus far i have strived to be true to my own honor , and to do right to a most honorable and faire cause . jus regum. or, a vindication of the regall povver: against all spirituall authority exercised under any form of ecclesiasticall government. in a brief discourse occasioned by the observation of some passages in the archbishop of canterburies last speech. published by authority. parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) jus regum. or, a vindication of the regall povver: against all spirituall authority exercised under any form of ecclesiasticall government. in a brief discourse occasioned by the observation of some passages in the archbishop of canterburies last speech. published by authority. parker, henry, - . hunton, philip, ?- , [ ], p. printed for robert bostock, dwelling at the signe of the kings head in pauls church-yard., london: : . attributed to henry parker by wing. sometimes attributed to philip hunton. annotation on thomason copy: "by h. par:"; "may ". reproduction of the original in the british library. eng laud, william, - -- early works to . church and state -- england -- early works to . great britain -- history -- civil war, - -- early works to . great britain -- politics and government -- - -- early works to . a r (thomason e _ ). civilwar no jus regum. or, a vindication of the regall povver:: against all spirituall authority exercised under any form of ecclesiasticall government parker, henry b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion jus regum . or , a vindication of the regall povver : against all spirituall authority exercised under any form of ecclesiasticall government . in a brief discourse occasioned by the observation of some passages in the archbishop of canterburies last speech . published by authority . omnia subjicere si vis subjice te rationi . london : printed for robert bostock , dwelling at the signe of the kings head in pauls church-yard . . jus regum . or , a vindication of the regall powers , &c. it is not safe to judge another , yet if the tree may be known by the fruit , and the secret and hidden disposition of the heart , by words which proceed out of a mans mouth ; then my lord of canterbury his actions being considered , and his last speech examined , he may be judged otherwayes , then according to that verdict which he hath pronounced of himself in that his last speech : but to passe by his actions , but as they shall onely occasionally interveen , we will examine his speech , without wresting it to a worse sence then of necessity it must bear ; and as all is not gold that glisters , so upon review and examination , it will not be found to be so charitable , as by some positive affirmations it pretends to be , and all along the reasons inforcing will be found contradicting those affirmative conclusions exprest therein , whether they intend himself or others ; for of himself , a great deal of humility and charity is affirmed , when much presumption and want of charitie may be collected . for presumption , his speech is full of it , and chiefly in his comparisons and instances : for first he compares his innocencie with reference to his sufferings , to christs , in these words , that jesus despised the shame for him , god forbid but he should despise the shame for jesus . in which words , is implyed , that as christs sufferings in regard of himself were undeserved , so were his sufferings without any just cause on his part , but that his ignominy and shame was no lesse for christs sake , and for his fidelity to christ , then christs sufferings were for his love to mankind ; and from thence concludes , that his hope was , that god was bringing him to the land of promise , in regard he was to passe through the red sea , alluding to his suffering by the effusion of his blood : but he could not be ignorant that it was causa non paena that makes the martyr ; and therefore his argument will onely hold if his cause were just , and that he suffered undeservedly : but if otherwayes , his passage through the red sea , or his forced passage out of this world by a violent death , will prove but a weak argument , that god was therefore bringing him to a land of promise , for then no death , so desirable as a violent death , if it were a concluding argument that therefore , he who is forced to suffer , is entring into a land of promise . neither doth his next instance conclude better , that because the passeover was to be eaten with sowre herbes , that therefore his present sufferings ( which he confesseth that in regard of his weaknesse and infirmity of flesh and blood , were unpleasing and unwelcome unto him ) should by their resemblance into sowre herbs , prove , his forced submission unto death to be either a passeover or a willing submission to the will of god : for whosoever submits onely to the will of god when he cannot otherwayes choose , submits not to the will of god , but is compelled by necessitie . and by the words following , it appears plainly , that whatsoever he affirmed to the contrary , yet was he angry with the hands that gathered those herbs , or brought him to that place to suffer . and out of all question had it been as much in his power to have prevented their purposes , by executing of vengeance , as it had been formerly to inflict punishment on those who did professe any dislike against his and other the prelates unwarrantable usurpations , nothing on his part should have been referred to the justice of god , but if he himself could not call down fire from heaven to consume them , he would have raised a persecution upon earth to scourge them . but the date of his power was now expired , yet did his indignation remain which he did not conceal , but when he could do no more he did think it fit to put the good people in mind , that when the servants of god , old israel , were in this boysterous sea and aaron with them , the egyptians which persecuted them , and did in a manner drive them into that sea , were drowned in the same waters , while they were in pursuit of them ; and he knows , his god whom be served , is as able to deliver him from this sea of blood , as he was to deliver the children from the furnace , dan. . in which words are implyed two things ; the first is hope of vengeance from god on those that did prosecute him . the second is hope of a temporall deliverance to himself . the first argueth want of charitie ; the second implyeth want of true faith , or which is equivalent an erroneous faith . and what is implyed here is evidenced in the words following , by which he most humbly thanks his saviour , that his resolution was now as theirs was then ; their resolution was , that they would not worship the image which the king had set up , nor shall be the imaginations which the people are setting up , nor will forsake the temple and truth of god , to follow the bleating of jeroboams calves in dan and in bethel . where nothing is or can be clearer , then the manifest difference and dissimilitude between the different conditions of the severall parties proposed , and from the result , the grounds of his faith will appear . for the . children , to whom he doth resemble himself , were meerly passive , preferring a passive sufferance before any actuall obedience , to unlawfull and prohibited idolatry : whereas on the contrary , he was brought to that place of execution , for his active introducing of reall changes in the worship of god , expresly against the word of god , and the laws of the land . for by the word of god , we are taught that we must not make to our selves any graven image , nor the likenesse of any thing that is in heaven above , nor in the earth beneath , nor in the waters under the earth , to bow down to them , and worship them : and we are moreover taught by the same word , that the judiciall and ceremoniall law being fulfilled by the death of christ , all externall worshipping of god , arising from any commandment either of god or man , is in it self inacceptable before god , and therefore superfluous and needlesse : if not first springing from a true and lively faith , begetting true holinesse and inward sanctification , and by consequence onely , externall reverence and worship , and therefore the chief duty of the ministers of the gospel , is by information and instruction to beget in the people true knowledge as a foundation of sound belief , from whence onely springeth true faith ; and then to incite them to externall duties , as evidences of their faith , but have no commission from the word of god to injoyn or command any externall duties , but to exhort onely to the performance of those which were commanded and ordained by god himself : neither had they ever any spirituall authority committed unto them for the inforcing of obedience unto any thing that should be ordained by themselves : for the apostles never had , nor never exercised any such authority . in brief , the summe of all is briefly thus , that as under the law , all bowing down to any graven image , and the worshipping of god in the likenesse of any thing in heaven or in earth was idolatry : so under the gospel , which was the end and consummation of the law , all externall worship of god that doth not spring from faith , as from the root , is to be accounted idolatry , as being a counterfeit worship set up by the imagination of men , not according to the will of god . and my lord of cant. doth here in some sort acknowledge this for a truth , but removes the guilt from himself to lay it upon the people ; for here he doth account the worshipping of god according to the imaginations of the people to be idolatry ; but doth not consider that what he esteemed idolatry in them , might be in himself . if he could produce no better warrant then his own imaginations , for with god there is no respect of persons ; but then the question will be , whether he was brought to that place to suffer , for refusing to submit to that idolatry , which here he affirmeth was setting up by the people , or for imposing upon them a will worship according to his own imaginations onely ? and if he himself had given the answer , he could not say that the people did impose any thing upon him in the worship of god , but it was apparent and undeniable that he did upon the people : for doing whereof he neglected his ministeriall office consisting chiefly in information , instruction , and exhortation ; thereby to convince the conscience , which is uncapable of constraint from the authority of man , and usurped an authority which is onely peculiar to god , and cannot be communicated to man : for which the people notwithstanding were not his judges , but the law of the land , against which he did no lesse transgresse , for imposing upon the people any thing by a lawlesse authority not warranted by the laws , then he did offend against the word of god by usurping a spirituall authority not warranted in the word . for the law of the land restraineth the making of all laws and constitutions , and the imposing of any new thing upon the subjects of this kingdome , to the authority of parliaments ; and albeit the clergy might assemble in convocation , yet were all their acts and constitutions of no force nor validity , untill confirmed and ratified by parliament : whereas my lord of canterbury did not onely innovate many things in the worship of god , but did introduce and impose many new things in the church by his own authority , and in the state by his credit with the king by the regall power , directly against the laws of the kingdom , for which he was at that time brought upon the scaffold to suffer , not because he did preferre a passive sufferance before an actuall obedience to unlawfull and prohibited idolatry as did the . children ; but because he did exact obedience from others to his lawlesse commands , without any warrant from the word of god , nor from the laws of the land , but by an usurped authority over both : wherefore his case can no wayes be compared to the . childrens , but without any injury done to him , he may justly be taxed with presumption for his paralels or comparisons . and as his presumptions are notorious , so is his want of charitie manifest , notwithstanding his seeming professions to the contrary , as appeareth in his next section , which he beginneth with a charitable prayer , that god would blesse all this people , and open their eyes , that they may see the right way . the which his charity doth terminate and end in himself , which is not charity , for charity extendeth chiefly to others ; and the inference which he maketh , doth discover the summe of his desires for a blessing upon this people , for the opening of their eyes to be chiefly meant , that they might see and acknowledge his innocencie which he doth here present to their consideration , not obscurely implyed , but positively affirmed against all accusation whatsoever by the attestation of his own conscience : having upon this occasion ransacked every corner of his heart , where he hath not found any of his sins that are there , deserving death by the known laws of the land . certainly he was not , nor could he be so ignorant , as here he pretends to be innocent ; for he could not choose but know that it was death by the known laws of this kingdom , for any subject to innovate against the established government . but supposing there had been no positive law against it , yet was it to have been esteemed an unpardonable crime deserving the most rigorous of deaths for any subject to attempt it ; no lesse then it had been in an athenian to murther his own father , when the laws were silent for the punishment , as presupposing no such crime would be committed : nor could his conscience be so seared as not to dictate unto him , that he was the adviser to the king , needlesly to assume an arbitrary power , for the introducing of many things , whereof he himself was the chief author , against the known laws of the land . and if nothing else had been proved , yet one thing was so manifest , that it needed no proof at all , the assuming of a legislative power , by making of laws and constitutions in a provinciall assembly , binding to the whole subjects , and clergy in generall , to be inforced by spirituall authority or ecclesiasticall censures ; and imposing a generall tax upon the clergy without any confirmation but of the kings letters patents , which was a manifest usurpation over the consciences of men , and a breach against the fundamentall laws of the kingdome , the king himself having no such power nor prerogative , and former kings having never assumed it ; besides the cheat which he did put upon the king in perswading his majestie to establish that by his prerogative , which was not onely derogatory , but destructive to his prerogative , as shall be opened more pertinently hereafter ; and yet he would here perswade the people he dieth innocently , not deserving death . for which his undeserved sentence , notwithstanding he is so charitable , as to charge nothing , not in the least degree upon his judges , for they are to proceed by proof , by valuable witnesses , and in that way he or any innocent in the world may justly be condemned . if he had ended here , it had been against charity not to beleeve him ; but as fire cannot long be concealed , after it hath taken hold any combustible matter , but will break forth and appear : so the fire of his indignation against his judges , being kindled in his breast , must needs break forth in despite of dissimulation , and his next words demonstrate clearly what opinion he had of his judges , whom he compareth to the danes when heathens , to the fury of wat tyler , and his fellows , to the malice of a lewd woman , to a persecuting sword , and lastly to herod , and to the persecuting jews , and maketh the charge against himself to look like that against st. paul , in the . of the acts , and against st. stephen in the . of the acts . to whose cases his had no more resemblance then it had to the . childrens ; for st. paul and st. stephen , were persecuted for opening the kingdome of heaven , by shewing a clear way to enter therein , by a true and lively faith , grounded upon the death and mediation of jesus christ onely , without any reference to our selves , and our own merits . but he on the contrary did what in him lay to shut the kingdome of heaven to such as was desirous to enter , directing them into false wayes , such as could never bring a man thither . for if the old israelites , by following after the lavv of righteousnesse attained not into the law of righteousnesse , because they sought it not by faith , but as it were by the works of the law , rom. . , . and therefore were excluded from the promises ; what must become of them , who going about to establish not the righteousnesse of the law , which once was the ordinance of god , but a righteousnesse of their own prescription , consisting for the most part in externall rites and ceremonies , commanding the observation of them as the principall part of gods worship and of mans duty ; when in the mean time they neglect the ordinance of god which is their ministeriall office , consisting chiefly in reforming of the will , and informing the understanding , by the operation of the word preached , which may be performed by information and instruction ; but can never by any authority or command , for there is a vast difference between him , who endeavoureth the production of desired effects by the operation of necessarie and appointed means , and him who commands onely the performance of the like effects , without the application of such means as are necessary : for the one requireth an omnipotent power ; the other may be performed by a creature of a finite capacity . what affinity or resemblance then can my lord of canterburies case have with st. pauls or st. stephens , who suffered under the rage of the people for offering their pains , to shew them onely , a clear and infallible way for purchasing the kingdom of heaven , which was left to their own choice to beleeve or not beleeve ? but my lord of cant. neglecting the wayes of st. paul and st. stephen , ( consisting onely in demonstration and in the efficacy of perswasion for the obtaining of their purposes and ends ) was legally processed and condemned , for making use of externall force , and compulsion for the obtaining of his , which st. paul nor st. stephen never did : and moreover , he having screwed himself into the favour of the king , did make the regall power instrumentall to his ends , and ( which among other things is inexcusable ) did endeavour to lay the odium and obloquy of all upon the king when it could not otherwayes be defended ; as if that had been sufficient , that he was onely instrumentall to the kings commands , when it was too well known that he was the director of those commands . and as his case differed from theirs in the means , so must it differ likewise in the ends , for the end of all their labour and pains , was to bring men in subjection to the will of god , by declaring unto them the power of god and of the deity , and manifesting the inexpressible love of god to mankind , in sending his onely begotten son into the world to take upon him our humane nature , and expounding unto them the vertue and efficacy of christs death and resurrection ; but the end of his labour and pains , was to bring men in subjection to his own will , by making them sensible how dangerous it was to offend him . for he took more pains to inflict punishment on such as offended him , then to instruct such as were ignorant . but odious is his next comparison , comparing himself with christ , and his accusers to the pharises , who having accused christ for fear , that if they did let him alone , all men would beleeve on him , and the romans would come and take away both their place and nation . concluding from thence , with a prayer to god , that god would not reward this people as then he did the jews for their causlesse fears and unjust sentence ; but the cases being so different , and the comparisons so odious , it were a superfluous labour to go about to inform any mans understanding in the discovery . nor needs any time be spent in detecting his vain presumption , and arrogant boasting in applying that deserved triumph of saint paul to himselfe , as if he could no lesse truely , then saint paul did , say , by honour and dishonour , by good report , and evill report , as a deceiver and yet true , he was now passing out of this world , for it is manifest that he coveted and courted that honour , which saint paul accompted but losse and dung , and did runne a cleer contrary course to saint paul , for saint paul accompted it no shame , to the weake to become as weak , that he might gaine the weake ▪ nor to be made all things to all men , that he might by all meanes save some , but hee accompted it not onely a shame but an indignity , to condiscend one jot to the weaknesse of any man , and rather then hee should bee crossed in his purpose and will , those gifts and abilities , which god had bestowed upon him , for other purposes and ends , and that credit and esteeme which he had purchased with his majesty , by those gifts and abilities , and in reverence of the holinesse of his calling , should bee all imployed to ingage king and kingdome in a war , as was evident by the warre with scotland , especially after the first pacification at the camp neer barwicke . but having taken all this paines in a generall justification of himself to the people , who were his auditors at length he thinkes of it not amisse to speak of some particulars , and first is he bold to speake of the king , who he saith hath bin much traduced by some for labouring to bring in popery , which he might truely affirme , if any such affirmation had been made of his majesty but the truth hereof is prevaricated as other truths are by him , and made useof , for his own justification rather then for the kings , the king being rather aspersed then justified by such manner of justification , for no man did ever affirme that the king was a papist as is here implyed , nor that his majestie did labour to bring in popery as is here affirmed , but that he was overreached by the subtilty and fraud of some , and he himselfe esteemed the principall deceiver and undermyner of the king , and it alwayes hath been one of his chiefest subtilties , so to confound the kings actions and his owne , that they could not easily be distinguished , that by so doing he might never be reached but by wounding the king first , building thereby great hopes , if not assured confidence to escape himselfe , and here labouring to justifie himselfe to the people , from having ever had any intention to introduce popery , he purposly makes mention of the king , for whose purposes & intentions he might safely take any deep protestation , as if that conduced much to clear himself in the opinion of his auditors ( which was the chiefe thing he now aimed at ) of all practices tending to that end , as a thing impossible for him to bring about , without the concurrent consent of the king , which was but a fancy but no solid argument necessarily concluding what he would have beleeved , for the worke might be advancing , without any discovery in the king , that it was necessarily tending to such an end , untill such time that it should be too late , if not impossible to retire , as a deere may be driving into a toyle , not suspecting any danger , but having leisure at some times to feed by the way , untill such time as seeing and apprehending his owne danger , by being unawares reduced to such a straight as doth leave him no variety of choice , but to place his onely safety and meanes of escape in leapping into that snare which had been prepared for him , and to which much paines had been taken to drive him ; for it is not to be imagined , that either his majestie or any other christian king , should submit themselves to the bondage of popery if they rightly understood what they did , for ( to passe by the danger which it bringeth to their soules , by leading them into by-pathes of errour which can never bring them to heaven , ) it subjects all temporall authority into a vassalage and subordination to its spirituall , and that not so much by any accident or contingency arising from the different dispositions of the severall persons who sit upon the severall thrones spirituall and temporall ( which may be turbulency and ambition in the one , and infirmity and weaknes in the other ) as by the very principles and fundamentall constitution of popery , by reason of the acknowledgement of , and submission into a spirituall authority , being once rooted and firmely fixed in the beliefe or imagination by all who embrace it , and the naturall effects which doe necessarily spring from thence ; for when the world was blinded by ignorance as by darknesse , at what time the popes did sit as god in the temple of god and by their spirituall authority in excommunicating and absolving whom they pleased , and for what they pleased , did uncontrollably oppose and exalt themselves above all that is called god , that is above all magistracy and power in earth : what lamentable and sad effects , did christendome groane under and feel from such transcendent and omnipotent a power , so long as from a generall beliefe , it was universally submitted unto ? but when mens eyes began once to be opened , and by the cleer light of the truth revealed in scripture , some men did cleerly see and perceive that no such power was ever , nor could be given into any one man upon earth , yet the apprehension of such a power and authority , that it was given unto some , being sunke deeply into all mens understandings , great difference did arise where the same should reside , and all men acknowledging it to appertain to the clergy onely , did place it amongst them as it were by a generall consent , in some one of those formes which are knowen to be best capable to preserve authority , all or the most part of all concluding that it must be preserved in one of them , each imbracing and submiting into that forme , which was preferred and made choice of by those who bare the greatest sway , or had the greatest esteem and reputation with them , but none of them foreseeing into all effects and events which might follow , hath bin the chief cause why so much discord & contention hath risen and continued , which will never be wanting so long as the cause remains , that is , until it be clearly understood what the pow-of the church , and of churchmen is , whether any such thing as spirituall authority doth appertain to them , & by what right , and to what end , whether or no , it be conducing to religion , or be compatible with the end of government , for albeit there be no such thing as spirituall authority acknowledged , yet all power is not thereby taken away from the church , but the consequence will only be , that the power of the church , & of church-men , is no more then opperative , and declarative , not at all authoritative , and having no authority , they can have no legislative power of making lawes and constitutions , ( call them by what name soever they will ) binding to the conscience , having no penalties to inforce obedience ; and why should any such thing as spirituall authority be admitted to be when it cannot be evidenced what execution doth follow , for authority without execution ceaseth to be authority by losing its vertue , for if authority say to one go , he must go , or to another come , he must come , and likewise to a third , doe this , he must do it , but no clergy man nor minister of the gospel can say , enter thou into heaven , and goe thou into hell , all hee can say is , thus beleeve and do , and thou shall be saved , but if otherwise you will be damned , but both the doing and beleeving dependeth upon the hearers owne choice , nothing is determined by the appointment of the minister , all that rests in the power of the minister is to declare to others , the effectuall meanes of their salvation , from the revealed will of god , to which whosoever submits by a voluntary profession testifying his beliefe , and receiving of baptisme which is the seale of his beliefe , but brings not forth fruit according to his profession , and walkes not according to the rules set down in scripture , and will not be convinced nor reclaimed by no admonition nor reproofe , then may the minister safely and boldly pronounce that he is still in the state and condition of an infidell and unbeleever , no more capable of any thing that may accrue unto him by the death and mediation of christ then a heathen or pagane , and therefore may debar him from admission into the holy communion , which is , or ought to be , the communion of saints or true beleevers , and is gods sacrament to us , that is to say his covenant and seal unto us , of the fruits and benefits , that we hope for hereafter , by vertue of christs death and resurrection , but the party offending is not presently cast into hell by that sentence , and though hell fire may follow upon it hereafter , yet is it not the ministers sentence , nor the debarring him from the sacrament , that doth send him thither , but his want of faith , which is made evident and nortorious , by no single act of any declared sinne , but by an obstinate perserverance in any one sin or more that hath been judged already by the unappealable judgement of god , to be an evidence of want of faith in him who commits it , and doth take pleasure and delight into it , which is made manifest and apparent to men by a perseverance in it onely ; and therefore it is the sentence of god , and not of the minister , the minister being onely gods herauld or messenger to declare to others the revealed will of god , and for doing thereof he hath an expresse warrant from god recorded in scripture ; nor must it be any part of the ministers purpose to send any man to hell ( but purpose and intention of doing execution upon the offender is essentiall to authority and inseparable from it ) but onely to prevent ( what in him lieth ) his going thither : for albeit that the ministers sentence , being rightly pronounced , be ratified in heaven , ( which is undenyable ) yet may it be recalled again , but never at the ministers will and pleasure ( which at sometimes is incident to authority ) but by the contrition and repentance of the obstinate party publikely promising , and vowing his amendment , upon which evidence the minister may pronounce his absolution receiving him again into the bosome of the church , and admitt him againe into the communion of saints , and this sentance is likewise ratifyed in heaven , if the parties repentance be unfained and sincere , which notwithstanding may be hypocriticall and dissembled in him , albeit he doth refraine and forbeare from the performance of that wherein he gave the offence and scandall , and doth moreover proceede to amendment of his life , not onely in that particular , but doth walke unblameably and without any deserved reproofe from the judgment of men in all other , howsoever upon a visible purpose of amendment , the minister not onely may , but must receive him againe into the bosome of the church , and admit him againe into the holy communion with others , so that nothing is left to the will of the minister , nor to the finall judgement of the minister , but all is referred to the will and knowledge of god , and where will and knowledge are excluded , their authority is wanting , and though much may be effected and brought to passe by them , yet whatsoever is effected deserves not the name as differing from the nature of authority : and the ministers of christ having no authority in those things wherein they cannot ere so long as they follow the cleare light revealed in scripture , they can much lesse have any authority for such things which flow from their owne invention , nor can they inforce obedience by any spirituall meanes or censures of the church , unto any thing whereof they themselves are authors , when no spirituall meanes are compulsive in regard of the instrument that must apply them , and whatsoever efficacy or vertue they have , yet may they never be applyed for the inforcing of any thing whereof man is author , for then it would follow that the will of man or something proceeding from the will of man would be a rule to the justice of god , when one man must be as a publican , or heathen and consequently uncapable of the fruits of christs death , for disobeying onely the will , or something depending upon the will of another , which no man dares to affirme , and having no compulsive meanes to inforce obedience , they can have no legislative power of making of cannons and constitutions binding to the conscience , for a law without a penalty or power sufficient to inforce it , is no law , nor neede they have any such power , for such a power is not conducible at all to that end of religion which is committed to them , & to their care and paines , but is destructive to the end of government ; for religion hath a two fold end , the one respecteth god , the other man , the end of religion in respect of god is to glorify god , that man who was therefore created to glorify his maker should by a true knowledge of the true god glorify him aright , and the end of religion in respect of man , is to bring a man from all confidence in himselfe or the creature , to rely upon the providence and goodnesse of god who is the creator , to the end he may renounce his own righteousnesse to be made partaker of the merits and righteousnesse of the sonne of god , the redeemer of mankinde , that by faith in him he may obtaine grace and some measure of sanctification in this life , for the remission of sinnes , and fruition of glory hereafter : and for this end of religion no humane lawes do contribute any thing at all , for unto this the scriptures are sufficient being compleate in themselves , and the chiefe duty of the ministers of the gospell is to explaine and expound the true meaning of scripture to others , for doing whereof they should be learned in all necessary learning and skilfull , as also have a lawfull calling by a lawfull ordination , and for which it is very fit that they be set apart from all other imployment , and have a sufficient maintenance that they may the better attend that to which they are called ; but for the other end to glorify god , humane lawes doe contribute much , but they are required of christian kings and magistrates , and not of christian ministers , for god did from the begining put authority into the hands of the magistrate , and endowed them with effectuall meanes for inforcing of obedience to what should be commanded by them , so did he never in the hands of the priests and levites under the law , nor of the apostles under the gospell , and by consequence into the hands of no ministers whatsoever succeeding them , and god doth require of the magistrate to improve his authority ( which is the talent that god hath given him ) for the gaining of others by force and compulsion , ( when no other meanes will prevaile ) to the performance of those dutyes that are required of them , as he requires of all who are called to labour in the ministeriall function and office , to imploy their gifts and graces ( which are the talents bestowed upon them ) painfully and dilligently for the enlightning of the understanding of others , whereby every exalted thought and imagination may be brought downe , which the magistrates power and authority can never reach , for the power of the magistrate reacheth no further then to the outward life & conversation , when the operation of the ministry subdueth the will , and therefore the principall care of the magistrate is and ought to be to enforce men to live uprightly and justly as they ought to doe , for by so doing men glorify god , but this is not all , the glory that is to be performed by man to god , for besides there must be a ready submission to the will of god , springing from a perfect love to god , and grounded upon an assured confidence of gods love to us , which may be begotten and kindled in a man , but can never be inforced , and to this duty tendeth the ministers paines and labour , but it is and ought to be the christian magistrates care to provide for all that can onely be introduced by force and compulsion in the service of god , wherefore the severall ends of magistracy and of the ministry are different but not contrary , but the severall meanes by which they attaine their ends are not onely different but contrary , and those meanes which are effectuall to the one , are not only ineffectuall but uselesse to the other , for the magistrate can never attaine that end to which his authority conduceth by no perswation nor information onely , nor can the minister subdue the will nor informe the understanding by any authority from or in himselfe , and both of them have their commission immediately from god , and each of them are subject to the other without any subordination of offices from the one to the other , for the magistrate is no lesse subject to the operation of the word from the mouth of the minister then any other man whatsoever , and the minister againe is as much subject to the authority of the magistrate as any other subject whatsoever , and therefore though there be no subordination of offices , yet is there of persons , the person of the minister remaining a subject , but not the function of the ministry , but there needes not two tribunalls nor independent courts be erected to provide for their severall ends and dutyes required of them , for the minister can never attaine the end of his labours , by no judiciall processe nor legall proceedings whatsoever , and therefore all judiciall courts are needelesse and uselesse to his ends , yet are they not so to himselfe having other ends then what are required of him for the discharge of his duty and function , but it is essentiall to the magistrate to have a tribunall and judiciall courts , for the attaining of his ends and duties required of him , without which he can never discharge his dutie as he ought , but whensoever the like tribunall is erected in the church as is necessary in the state , they must be independent one of another in regard the severall offices governing church and state are so , but all that is to be got by independant tribunalls , is either dissention and discord , which is the usuall fruite that devision of authority beareth , or by compliance to provide for one anothers interests , or particular ends differing from their publick dutyes , with the manifest losse of true religion on both sides , which many times drawes downe the judgment of god upon one or both , as being a third person no lesse interressed in justice and honour then either , and many times the justice of god is most greeveous when least apprehended , as suffering men to wallow in their sins to dye in security , nor is it a small judgment to leave men to the necessary effects , which division of authority produceth : for the end of all government is the preservation of humane society , the meanes of doing whereof is by union and unity , and authority is the effectuall meanes of producing and propagating unity ? and therefore whensoever authority is divided , vnitie may alwaies , and sometimes must admit of division which destroyes it , for unity and division are destructive one of another , and when two tribunalls are erected for the determining of severall and different causes and crimes , both armed with a forcible authority , weilding swords of a different nature , agreable to their different constitutions , and without any dependency and subordination the one to the other , what lasting concord and agreement can there be beweene these two , they that mannage them must be juster then men are knowne to be , or advantages will be taken when given by the one , ( as no sublunary substances which are subject to change can remaine long in an equall ballance ) for subjecting the other ; and therefore it was , when the christian world did by a generall consent beleeve that the church having a sword though invisible , for the cutting off of all schismaticall and refractory members , no lesse really and truly then the state hath a visible materiall sword , which for the preservation of union and unity , was esteemed necessary to be put into the hands of one , and therefore willingly submitted their necks , under the imaginary stroake thereof , from the sentence of popes , or bishops of rome ; how easie was it for them by reason therof to subject all christian princes and magistrates unto a dependency and subordination unto them and their authority , and how did they trouble the christian world , by transferring of rights and stirring up of rebellion whensoever any of those princes did oppose them , or contradict their wills by a supposed intrenching upon their pretended prerogatives though usurped ▪ but when the popes right began to be questioned by some , whereby his reputation did decline , even amongst those who adhearing still to the doctrine of the church of rome as to that in which they had beene educated and bred , yet did not beleeve his censures to be so dreadfull as before they apprehended them to be ; but the edge of his sword being thereby blunted , and the edge of the temporall sword being not onely visible but sharpe , the advantage returned to princes , whereby those princes who continued in union with the church of rome , professing subjection and obedience to the spirituall authority thereof , doe notwithstanding now reduce that power and authority to which they professe subjection , unto a subordination of them and their authority to be directed by them , which will be of no longer permanency , then that church can insnare the world againe to an apprehension and beleife of the reality of their power , to beget which they continually indeavour and aspire , and have no small hopes from the differences and divisions amongst protestants , for the increasing and fomenting whereof it is not to be imagined that they are idle ; but whatsoever their hopes and practises are , their greatest strength remaineth in this , that it is generally beleeved that the church hath a spirituall authority for the cutting off of all schismaticall members , and that this authority is to be preserved in some one forme or other without any derivation thereof from any humane power , for then it cleerely and undoubtedly followeth , that whosoever by such principles of reason taken from the end of government doth incline to monarchy , and that this spirituall authority can best be preserved by the supremacy of one man , then the bishops of rome , having had for a long time , and for a long succession , and still having the possession , besides other advantages of greatnesse and power which begetteth strength and reputation , must and will be acknowledged by all those to be the onely spirituall monarch in the church armed with spirituall authority ; and whosoever out of prejudice against the church of rome , taken against her by reason of either her errours or abuses , or both , doth seperate themselves from the communion of that church , and by consequence onely free themselves from her subjection , but doe notwithstand adheare to and retaine the grounds of those errours and abuses , by acknowledging and beleeving that the same spirituall authority ( which was presupposed to have beene abused by the popes and bishops of rome as vsurpers onely over the rest of the clergy , or too great a power and consequently dangerous in the hands of any one man ) is not onely lawfull but necessary as being inherent in the function , and essentiall for the preservation of union and unity , to be preserved in some other forme which they agree upon and like better then the incontrollable supremacie of one man , then this doth necessarily follow , that albeit they free themselves from all the errours and abuses which were introduced by the supreamicie of one man , yet so long as they acknowledge that the same power and authority is resident in others , they can never free themselves of all errours and abuses which are introducible by authority , but that the property and condition of things in themselves indifferent will be changed from being indifferent and converted into the nature and necessity of absolute duties , which ever begets bondage and subjection , and sense of bondage doth ever beget desire of liberty , which can never be obtained so long as the opinion of a necessity of authority in some forme or other is retained ; and experience hath now taught us , what could not be foreseene by reason alone , without some additionall helpe from divine illumination , that in the church of england which did not onely shake off the supreamicie of the pope , but had purged her selfe of all those errours which had either crept in , or were introduced by the power of that supreamicie , by retaining of bishops , and giving them a part onely of that spirituall authority , which formerly was acknowledged to popes , and though quallifying that part by restraining it from all legislative power , or a power to inact any thing , but allowing it a power of iudicature , the effectuall operation and proper working of that part of spirituall authority , hath now fully manifested it selfe to tend to propogate superstition and errour ▪ rather then the sincerity and truth of religion ; and as the naturall motions of different bodies , differing in quality and substance tend to different centers , the naturall motion of episcopacy , hath now discovered it selfe to indeavour continually to unite it selfe to such a head to which it is capable to aspire , rather then to be in subjection under such a head to which it hath no capacity to aspyre , and that received principle of state , that episcopacy , is a support to monarchy , is now likewise discovered to be fraudulent and deceitefull , for it is true that it is a support to a spirituall monarchy or monarchy in the church , as being the basis and foundation thereof , but doth undermine and destroy monarchy in the state , especially in that state which doth trust unto it as to a supporter , and the reason is cleere , for all supporters which have no solid foundation , doe ruinate those buildings , which are erected upon them being of greater weight and substance then the foundation can beare , and the foundation of episcopacy being layed in the engrossing of spirituall authority or ecclesiasticall censures ; spirituall authority it selfe hath no other existence nor being , but what it hath in the imagination and beleefe , which is too slippery a ground to support a solid substance , such as temporall monarchy is , but may be sufficient to support an aery and imaginary bulk , such as spirituall monarchy is , which episcopacy not only supports , but continually tends towards as to its proper center , and my lord of cant. when he obtained the kings good will to confirme by his letters patents , the late canons , did put a direct cheate upon his majesty , for thereby the kings supreamicy in causes ecclesiasticall was cut off , and from thence forth his supreamicy over ecclesiasticall persons should have been rather titular then reall , if the consent of parliament could as easily have been obtained as his majesties own : but to conclud this part of my lord of cant. speech he might safely protest upon his conscience , that his majesty was a sound protestant , according to the religion by law established , yet did it not thereupon follow , that he himself was guiltles from the sentence of the law , because his actions being all warranted by his majesties consent , they could not be divided from the kings ; which is the cheife thing implied by this particular . his second particular is concerning th●… great and populous city , to which he is very kind and prayeth god to blesse it , but all his prayers for those who he conceiveth had done him injury have a sting in them , and this prayer ends reproaching those he prayes for , as if some had subordned witnesses against his life by gathering of hands , which he affirmeth to be a way that might endanger many an innocent man , and may plucks innocent blood upon their own heads , and perhaps upon this city also , which before he prayed god to blesse , and now again to forbid this judgement , but his prayers are mixed with threates and all tending to justify himself to his auditours , whereof he is never unmindefull upon all occasions , and having here occasion to mention the parliament , he bestowes glorious and honourable titles and epithrates upon it , as if that were sufficient to testify his respects thereof , but he doth contradict his owne testimony by his inferences and applications , for by inference he applyeth the gathering of hands , ( which he affirmeth to have been practised against himself , ) to the stirring up of the people against saint stephen , and to herods lying in waite for saint peters death , by observing how the people tooke the death of saint james . by which instance he must meane that great , honourable , and wise court of the kingdome , the parliament , ( those be the titles he bestowes upon them ) for it was they that gave sentence against him , as herod did against saint james , and would have done agaynst saint peter , which no christian thinkes was either honourably or wisely done of him , and therefore what opininion he had of that great , honourable , and wise court for sentencing of him may be collected , and that his esteeme of them was not so honourable as his expressions ; but whatsoever his esteeme of them was , they were his judges so will he never be theirs which he here apprehended , when he did put the city in mind of the justice of god , and how fearfull a thing it was , to fall into the hands of the living god , because god remembers and forgets not the complaynts of the poore , a lesson which he never remembred when he himselfe did sit upon the tribunall , but is of speciall comfort unto him upon the scaffold , for his blood was innocent blood , and not onely innocent blood in his owne esteeme but he had a speciall commission from god to tell them so , as jeremiah had , in the . chap. of jeremiah , ver. . the words were not expressed by him but directions given to the place , the words be these , but know ye for certaine , that if ye put me to death , you shall surely bring innocent blood upon your selves , and upon this city , and upon the inhabitants thereof : for of a truth the lord hath sent me to you to speake all these words in your eares . the words are so plaine they need no comment . his third particular is , this poore church of england , as he calls it , but from thence no observation is to be drawne , for it is an undeniable truth what is there affirmed , onely it would be inquired after , who hath beene the principall and instrumentall cause of this great change , but he hath made no application and so will i. his last particular is himselfe , and that about his religion , in which he is very breefe , choosing to expresse himselfe by circumstances which admit of a latitude that may deceive the hearer or reader , rather then positively and cleerly whereby he leaves the hearer or reader as little satisfied as if he had said nothing at all , yet doth he confesse his labouring to keep up an vniformity in the externall worship of god , but makes no mention at all of what meanes he used to doe so , for in the wayes which he tooke and in the meanes which he used consisted his cheefest guilt , but that he passeth over , and so comes at last to speake of his accusation , which was no lesse then an accusation of high treason , and by no meaner persons then by the whole commons of england assembled in their representative body in parliament , and there and by them proved agaynst him , yet hath he the confidence to say it was a crime his soule ever abhorred , howsoever he proceeds to the parts of his charge being two , an indeavour in him to subvert the law of the realm , and a like indeavour to subvert the true protestant religion established by those laws , both which he seemeth to deny , but so mistically as that his meaning is rather to be collected , then that it can be cleerely discerned . for he expresseth himselfe variously , and answereth in another forme of words then which were proposed by him ; for having propounded them , that the charge against him was an indeavour to subvert the law of the realme , and a like indeavour to overthrow the true protestant religion established by those lawes , he answereth having first protested , in the presence of almighty god , and all his holy and blessed angels , that hee did take it now upon his death , that he never endeavoured the subversion of the lawes of the realme , nor never any change of the protestant religion , into popish superstition ; the sense of which words doth imply a great change from what they were , when first propounded , for by his first proposition of them he expresseth himselfe , to have been accused of an endeavour to subvert the law of the realm ; by which word law in the singular number as in the abstract may bee understood the legislative power , or power of law-making , comprehending the frame of this government , and including king and parliament , which he was charged to overthrow , by an indeavour to introduce an arbitrary government , depending upon the will of the king alone , and excluding the parliament ; and in his answer he makes mention of the subversion of the lawes in the plurall number , where they are confined to different subjects , as to so many individuall substances , by which may be meant the particular acts and laws issued forth and derived from that power , and may comprehend them all , which no man did ever thinke or lay to his charge that he indeavoured the subversion of all the whole lawes , and of every particular , and therefore here doth appeare a fallacy and deceite , which is agreable to his former practises , so likewise in the other branch about religion he first propounds it , of an indeavour to overthrow the true protestant religion established by those lawes , and answereth , of any change of the prottestant religion into popish superstition which is a manifest difference , whereof hereafter : having occasion to speake first of his esteeme of parliaments , which he takes occasion to mention here as having bin accused as an enemie to them , the which he denies expressing a reverend esteeme of them in the generall , as of the greatest court over which no other court can have any jurisdiction in the kingdome ; but professeth his dislike against some few one or two parliaments in particular , for some misgovernments in them as he did conceive , but what those misgovernments were hee doth not expresse , onely in stead thereof a generall reason is given , coruptio optimi est pessima , but from thence he might condemne and destroy all parliaments and the best of governments , and of every thing as often as he pleaseth , if nothing more be required but that his affirmations must be admitted for proofes , for there is nothing wherein the frailty of man must bee imployed but may admit of errour , and corruption , but it doth not follow , that whatsoever may , doth ; nor doth it anywhere appeare that any of those parliaments , which hee here condemneth , were guilty at all of any such corruption as he layeth to their charge , but the contrary is manifest , and if for no other thing yet for this his esteem of them , for undoubtedly by him they should have been better esteemed , if really and truely they had been more corrupted ; for parliaments may be then said to be corrupted , when all or most part of the members do subject their votes to the determination and judgement of others , preferring the particuler pleasure , interrest or ends , of some whom they respect , before the generall good of all whom they represent ; neither is it any impossible thing so to pack a parliament as not onely the things to be proposed and debated , but the greater number of the members votes shall depend upon the pleasure of others , being agreed and united amongst themselves for a particular and sinister end ; for it is no false report but a well known and undenyable truth , that in the choice of the members of the lower house of parliament which doth depend upon a free election by the gentry , communalty , and freeholders in england , the major number within their severall limits and jurisdictions giving it to whom they please , yet the reputation of some in some places especially , hath been such as to prescribe to those who were to choose , who should be chosen by them , whereby many have been returned by the favour and recommendation of others rather then by any merit of their own , and it is probable that a designe of changing religion and altering the government having been for a long time pursued by a faction of men who had obtained power and favour about the king that they were not negligent , in making use of this advantage for their own ends , & it plainly appears that they were not , because at divers times they had recourse to parliaments in time of prosecution of the designe , before it was finished , which to some might seeme a likely meanes in all apperance to have overthrowne all such designe for ever , but the successe of those parliaments and the conclusion which they made , doth cleerely demonstrate what the designers purpose and intention was in calling them : for the end of calling of all parliaments , is either a purpose and desire of releiving the kings wants , and to supply his necessities or to redresse the grievances of the subjects , or both : for such hath been the prudence of our ancestors , in setling the frame of this government , not only to deny to their kings all power of imposing any taxes upon the subjects with out their own free consents , by their representative body assembled in parliament , but did as it were binde the hands of their kings , by their own consents signified by divers acts of parliament , from so doing for ever . for which their kings were recompensed , with a speciall and absolute prerogative of calling and dissolving of parliaments , at their will and pleasure onely . the people being thereby assured , that if a desire to right the peoples grievances , and for providing of beneficiall laws were not sufficient motives and inducements to the king for calling of parliaments ; yet the confideration of , and respect to his own necessities and wants would move him : and divers parliaments having been called , during the prosecution of this designe , which have been dissolved again , by the same prerogative that called them , without any application of redresse either to the grievances of the subjects , or to the kings wan●s , doth manifest that ( whatsoever the pretence was ) the chief end and purpose of calling those parliaments , was never neither for redresse of the subjects grievauces , nor for relief of the kings wants ; but chiefly to make triall what strength they could make in the parliament to finish their designe by authority of parliament . for having advanced their designe so farre at court by their prevalencie with his majestie , that they had obtained the possession of the greatest places , and places of greatest trust , both about his majestie and in the kingdom : they were thereby of that credit and reputation , that none were preferred to places of trust , nor to dignities , nor honors , without their approbation , if not recommendation . which did so secure them , that they needed not fear the disappointment of their designe by any opposition at court , and so farre as the kings power and prerogative could further it . but the kings prerogative being not absolute , the laws of this kingdom , and the constitution of this government , having neither conferred an absolute power nor prerogative upon the kings thereof , they could never finish their designe ( whatsoever it was ) by the kings prerogative alone , without an additionall confirmation by the subjects consents assembled in parliament whereof they were likewise assured ; if by the reputation and strength of their faction they could procure such a certain number to be returned members of the lower house , as they might be confident of , would suffer their votes to be directed by them , by which means they might hope to carry any thing in that house which should be proposed by his majestie , or in his majesties name , of whose deliberations and determinations they were the chief disposers . as for the house of peers , there was no doubt at that time of a prevalent party to concurre with them , by reason of the bishops votes , and court lords , and others who were obliged to them by many favours ; they being the chief disposers of all favours , which did either depend upon or proceed from his majesties gift . for all which causes and considerations there was no danger to call a parliament , whensoever they pleased : for if the parliament did not answer their expectation , it was in the same mens power to perswade the king to dissolve it , who had the credit to perswade his ma. to call it . his majesty suspecting no ends in them but what was pretended for his majesties service . but the succes of those parliaments declared , that the credit of the faction was not so great in the countrey as at court ; for which my l. of cant. doth here tax them with misgovernment , professing his dislike , against them onely , which must be conceived was , because they were not yet moulded nor brought to that frame to condescend to every thing that he and others should project , as was the late synod . and the great number of patentees , and monopolists chosen this parliament , and others who have deserted the parliament , and have sitten since in an anti-parliament at oxford , doth sufficiently demonstrate upon whom they depended , and for whose interests their votes have been devoted from the beginning , whether for the generall benefit of king and kingdom , or onely to serve the particular ends of such who either in all probability did recommend them , or otherwayes from whom they did expect preferment or some other reward . but from hence may be collected , that the designe for altering religion , and the frame of the government being two different things , that they were not alike intended by the designers , but that the designe for altering of religion was principally intended by them ; and that the other designe of introducing an arbitrary government to the king was but the bait to deceive the king , thereby to insinuate the better with him , and to ingage his majestie to them , and was chiefly made use of , as subservient and conducing to the other designe of religion that was the onely designe with them : which is made manifest by the progresse of both designes . for as all motions which by their slownesse or distance seem insensible to the beholder , so as at first view it cannot be discerned whither they tend , yet are easily perceived by their progresse : so the dark and disguised ends of this designe , which could not endure the light of open profession , is clearly discernable by the progresse which it hath made . for albeit that an arbitrary power in the king hath been made use of in many things , to the great prejudice of the subject , tending to the manifest destruction of the subjects liberties , and priviledges of parliament ; yet when a true account shall be taken , what great benefit hath returned to the regall authority by all that hath been done , the totall sum will be found at the end of the church-mens bill , but none at all at the kings ; where on the contrary , manifest detriment and losse will appear , and that the kings prerogative hath been stretched upon the tenters beyond its true by as , to set up and settle an absolute or independent prerogative in the church to church-men , which is inconsistent with the prerogative of the crown : for whensoever the prerogative of church-men is advanced to such a height , as that it groweth either absolute or independent , the prerogative of the crown is either subjected or undermined , and the king parts with a reall authority , depending upon his own reason and judgement chiefly , to be directed by the will and judgement of another , unlesse the smart of his sword doth terrifie more nor the apprehension of theirs , which is all the remedie that will be left him whensoever the chief governor or governors of the church and he do differ . and the remedy which the late cannons applyed for the securing of all men , against any suspicion of revolt to popery , hath manifested to all men how far the progresse to popery was advanced , when it durst appear nothing at all disguised , but under a thin vail of some few deceitfull words , in a pontificall robe of absolute authority constituting and ordaining ; and to shew how absolute and independent the protestant church of england was grown , the words ; we straitly command all parsons , vicars , and curates , and we injoyn all archbishops and bishops , and we decree and ordain ; are used all along in the severall articles published , which are all words of absolute authority and command , and the penalties inforcing obedience to all those absolute commands , are either suspension and deprivation to the clergy , or the dreadfull censures of excommunication , and casting into hell to all others . for no lesse punishment doth the sentence of excommunication imply , because the party excommunicate being cast out of all communion with the church , is thereby presupposed to be deprived of all the benefits that he may hope for by vertue of christs death and mediation , so long as he remains in the state of excommunication , which is a great terror to all them that do not rightly understand the nature of excommunication , and what the authority of church-men is , which is ever the much greater part of those who are members of any church , besides the great number of others which be in all churches that sleight the censure of excommunication , as being a censure from which they feel no present smart , without which it hath no operation with them , for the inforcing of whom especially , it was by these cannons injoyned , that every bishop shall once every yeer send into his majesties high court of chancery a significavit of all such who have stood excommunicated beyond the time limited by the law , and shall desire that the writ de excommunicato capiendo might be at once sent out against them all , ex officio . and for the better execution of their decrees , they did most humbly beseech his most sacred majestie , that the officers of the high court of chancery , whom it shall concern , may be commanded to send out the aforesaid writ from time to time , as is desired , and that the like command also may be laid upon the sheriffes and their deputies , for the due and faithfull execution of the said writs , as often as they shall be brought unto them . which whensoever they should obtain , would put the supremacy of all authority into the hands of some of the clergy , by necessitating the smarting stroke of the magistrates sword to follow of course upon notification of theirs , whereby all magistracie and law should be but executioners of their sentence , from which there was no appeal , but by submission deserving absolution , which was ordained by the authority of the foresaid synod , not to be given , untill the party to be absolved should come as a penitent , humbling himself upon his knees , and first take an oath , de parendo juri , & stando mandatis ecclesiae . and for a perpetuall subjecting of all men into a vassalage and subjection to the authority of bishops and others of the clergy , it was there decreed , that all clergy men , and all others who should take any degree of learning in any of the vniversities , and all that should be licensed to practise physick , all registers , actuaryes and proctors , all schoolmasters , and all others that should come to be incorporated in any of the vniversities here , having taken a degree in any forraigne vniversitie , should take an oath in a prescribed and set form of words , before they should be admitted to take their degrees , never to give their consent to alter the government of this church by archbishops , bishops , deans , and archdeacons , by which means , an equall allegiance should have been payed to them as to the king and his successors for ever : and all this was presented to the blinded world , and abused king , as a remedy to secure men against any suspicion of revolt to popery , which was nothing else but a publick setting up of popery , though not yet of the popes supremacy , which was to follow ; and imploying the help and assistance of the magistrates sword , and the force and power of the laws of the land to that very use and end ; for popery consisteth neither in this or that superstition nor idolatry , nor in this or that erroneous doctrine , nor in all-together , principally and chiefly ; but in the absolutenesse of spirituall authority commanding implicite obedience , to whatsoever doctrine or superstition shall be invented by man , as necessary and essentiall to the true worship of god , under the threatned pain and penalty of excommunication and interdiction , and promising the kingdome of heaven to whomsoever it pleaseth , as a gift or reward within the power of man : and the assumption of which so divine and incompetent a power to any man or mankind united together , and the deriving thereof from one solely to others , as inherent in the person or function of one onely , doth necessarily inferre and presuppose the gift of infallibility in him who doth so assume it , that he may become an unappealable judge , which doth exalt him , in the sight and esteeme of those men who do beleeve in him , and willingly submit unto him , to the nature and dignity of the incommunicable prerogative of god , and makes him undeniably the revealed antichrist to others , by usurping and possessing the throne of christ upon earth , for whom onely , such dominion and authority is reserved in heaven . and the root of popery or antichristianity ( for so it may be termed , as tending continually thither by the doctrine which it teacheth , and the authority which it usurpeth ) lieth in this very principle , that a power of excommunicating and absolving , or sending into heaven or hell , is assumed by some as depending upon the purpose and will of man , according to the nature of authority , and consented to and beleeved by others ; and the danger to temporall authority lieth in the universality and generality of the beleef and assent , and the difference between the incontrolable supremacy of the pope , and the exalted prelacy of bishops pretending to the same authority is but a difference of degrees , but not of kinds . for , for the setling of this authority into the supremacy of any one , there is a necessity of ingrossing it into the hands of some few first ; and popes had never mounted to their omnipotent throne of supremacy , if a superiority of some of the clergy invested with spirituall authority over others had not been first assented unto . for the same rule , necessity , and end requireth the supremacy of one bishop over all other bishops , that requireth the superiority of any clergy man into the dignity of a bishop over many others of the clergy : and the same danger of spirituall error indangering the soul lyeth upon all that are subject to this spirituall authority , whether it be derived from the supremacy of one , or a superiority onely of others , or from the democracy of all the clergy assembled together , or from the independencie of everyone within their severall congregations , so long as it is entertained and received in the beleef as a sufficient ground or warrant for obedience to what shall be ordained by it : and the exercising of spirituall authority under a different form of externall government onely , being a difference rather in form then substance , all of them may divide unity in the ends and consequences of government , by dividing of authority which is the preserver of unity ; but each of them doth admit of degrees of more and lesse , according as the form imbraced is more or lesse absolute . the superiority therefore of bishops over the rest of the clergie , which may be as independent as any other form , but can never be so absolute as the supremacy of the pope , in regard it can never beget nor inforce so generall a dependencie and subjection of all men unto it , wherin union and strength consisteth , is never so dangerous to that state which entertains it , as when it declares its independencie , and aspires to be absolute . and albeit that episcopacy doth continually endeavour and aspire to be united by the supremacy of one of their own order , because thereby they arise to a further degree of strength and perfection , to which all sublunary creatures have a naturall propension , inclination , and desire ; yet can they not at all times , nor whensoever they please , attaine to their desires . and the archbishop of canterbury having discovered and manifested unto the world how independent the authority of church-men here in england was grown , and how absolute they coveted to be , did give a clear evidence at the same time how farre the progresse to the popes supremacy was advanced ; which is made more manifest by the concurrence and joynt endeavours of papists of all sorts , not onely agreeing with , but labouring in the same designe with some of our clergy-men and others . for their indefatigable labours and renewed pains , with so much blood and danger to the undertakers ever since the reformation , have all tended to that end chiefly , as to the onely mark at which they have ever aymed . the threatning bals , and many dangerous conspiracies and invasions in queen elizabeths time , and the most damnable gunpowder treason in king james his time , are clear proofs how implacable their malice hath been against all reformation , that did depose the pope from his pretended right of supremacy , and how violently they have been transported to reinthrone him again , which is but the ultimate end of all such dangerous and desperate undertakings , but the immediate is alwayes and ever hath been for some particular ends to the undertakers , springing from their own ambition , and covetous desire of dominion and rule , from which papists are excluded by the laws of this land establishing the reformation : for the desire of authority , and to have a command over others is a naturall desire to all ambitious men ; and ambition is an inherent quality in all men , flowing from the operation and effectuall working of the spirituall substance of the soul , which coveteth to mount and aspire continually , but is predominant onely in some . and no man ( that may choose ) doth hazard his own life , for restitution of another to his right being lost , but he that hopes to participate and share with him or under him after the recovery , in some proportion and measure , though not in an equal degree . and since the gunpowder treason , they having not onely forborn all forcible attempts , against either the life and safety of the king , or the publick peace and tranquillity of the kingdome , untill the present rebellion in ireland did break out , upon which the warre against the parliament ensued ; but seeming extraordinarily and strangely converted in their dispositions and desires , and of deadly and implacable enemies , appearing the most dutifull subjects of all others , pretending to be the most zealous instruments for the inlargement and promotion of that power and authority which was bound by speciall interest to suppresse them , is an argument of some well studied and close followed designe , rather then any symptome of change of disposition ; for they can never change their dispositions , so long as they retain their wicked principles and false doctrines , which principally gives life and motion to the wickednesse of their dispositions , and the desire of dominion and rule is impetuous and incessant , to which they can never have a legall right in this kingdom untill all those laws be repealed which disable them ; the doing whereof and not the kings prerogative is a principall motive with them in all their undertakings and designes , and the great potencie and prevalencie of papists about his majestie in all his consultations and actions , do manifest and declare what their purposes and intentions are ; that this independent authority of bishops coveting to be so absolute ( which hath been set up of late in the church of england , and confirmed by the king , and by his prerogative royall ) shall acknowledge the pope for their head and not the king : for popes were never so munificent rewarders of any mans deserts or duties , as to part with that which they accounted their right , to give it away to another ; and papists were never so undutifull sons as to labour for the setting up of an arbitrary power and unlimited prerogative to an hereticall king : when his holinesse hath given sentence that no heretick is capable of any authority at all , and that all men are to be accounted for hereticks who deny the popes supremacy ; wherfore in the conclusion , his majestie must either part with that supremacy which the law hath given him , and submit to the popes , or be deprived of all authority whatsoever , which is all he must expect from them , or by their aid and assistance . and the great favours which hath been alwayes shewed to papists since the beginning of his majesties reigne , but more especially now , the partiall indulgence towards the bloodiest and cruellest of all rebellions , and to the most perfideous of all nations , the irish , accounting them for good subjects after so many barbarous massacres and horrid executions of an infinite number of english & scottish protestants , rather then the king shall agree with his parliament in england , for the saving of the lives of his protestant subjects here , and choosing to continue the warre in england at the expence of his english subjects lives ; by whom his majestie hath ever , and must still , if ever , subsist in power , dignity , and honour ; and to the great perill and manifest hazard of his majesties own life , rather then break off that cessation , which his majestie had not power to make with the irish , from whom his majestie never received better fruits then at a great expence of treasure , and of his other subjects lives , to reduce and keep them to a forced duty and allegiance ; and the over-ruling of his majesties reason and judgement to approve and consent to the popes supremacy in ireland , which is known and acknowledged to be destructive to his majesties supremacy and just prerogative , rather then an extirpation of episcopacy which is the foundation and assent to the popes supremacy shall be consented to in england , upon a bare presupposall that it is a necessarie support to monarchy ; when it hath never been yet examined what monarchy it supports , whether spirituall or temporall : and whether that which is a necessary supporter to the one , is compatible with the other , having shaken off the yoke of spirituall monarchy , and renounced not onely all subjection to it , but all communion with it ; and trusting of papists upon their bare words and deceitfull professions , against their known unsound tenets and doctrines , rather then the parliament and protestant subjects shall be beleeved upon their solemne vow and covenant for the preservation and defence of his majesties person and authority . and lastly , imploying of known and profest reeusants , trusting them with arms and authority , without any caution or consideration how they may be disarmed again , rather then that the parliament shall be suffered to dispose of the militia of the kingdom for the safety and security thereof for some limited time , are all clear and manifest proofs what their power and prevalence with the king is ; and do all conclude , that an arbitrary power and unlimited prerogative pretending for the king , having been made use of and exercised by them , yet was never intended for the king , nor for the improving nor advancing of the kings prerogative ; but onely to make use of it for erecting and setting up of an independent authority in the church to ecclesiasticall persons : and by means thereof to introduce the popes supremacy as the chief and ultimate end of their designe . and that his majestie hath been grosly abused , and craftily over-reached by disguised impostors , and deceitfull parasites , pretending one thing when intending the contrary . whereof amongst other things my lord of canterbury his equivocall expressions at the houre of his death giveth some light ; at what time being desirous to justifie himself publickly to the world , of his endeavours for changing the religion , he expresseth himself of endeavouring onely to change the protestant religion to popish superstition , as if there had been no other danger from popery but of introducing of grosse and absurd superstition , to many of which imbraced by them , and set up by papall authority , it may be granted him and beleeved that he was no reall friend , but might condemne them in his own opinion and judgement ; when notwithstanding it was certain and clear , that he not onely befriended , but courted and ambitiously coveted that honour and authority which did establish that superstition ; and which must of necessitie still produce some superstition or other in the worship of god : and hath now sufficiently discovered it self to endeavour continually to introduce superstition and ignorance as the principall means to induce men , by a blind devotion to submit to an implicit obedience of what shall be required of them , and imposed upon them . but that was passed over by him as a thing wherein he was not concerned ; yet his practises tending thither was the chief thing concerning religion whereof he was accused , and for which he was condemned : and possibly he might be deceived himself by the fallacy of deceitfull grounds and false principles , the consequences whereof might not appear so clearly to himself as to others , which might be the cause , why he did endeavour to justifie himself of his intentions onely ; when the charge against him , was for his practises and actions chiefly which he acknowledged to have been proved against him , by acquitting his judges as having proceeded secundum allegata & probata . for he might flatter himself with an opinion of good intentions , thinking all was necessarie and good which he went about : but thinking so , he did but deceive himself as well as others , which is the best charity that can be allowed him by the most charitable christians that are not misled by the same principles and grounds that did deceive him ; and the most favourable construction that can be made of him is , that albeit he was a great doctor and statesman also , yet was he to learn the true principles of the christian religion , when he went out of the world , and that his principles of government were no better , then his principles of religion . by the result of all which two things are demonstrated and declared . the first is , that they who do beleeve and are of opinion , that they are the onely assertors and defenders of the kings prerogative , and of the regall power , by fighting against the parliament , for the maintaining and defending of all that is established and approved by the king in this difference between king and parliament , do but contribute their help and assistance for the undermining and destroying of the regall power , and of the kings just prerogative the second is , that the king is not resisted because his will is opposed by his parliament , which is the kings great councell , and the representative body of his kingdom ; and the reason of both is , because by the constitution and frame of this government kings of this kingdom may never give away their rights , and that power and authority which they themselves have over the subjects , nor transferre the same upon any other , without the generall consent of the subjects ; which can never be obtained but by their representative body assembled in parliament . and the obtaining of his majesties will in this , would be of more dangerous consequence to himself , and to the regall authority , then ever yet appeared to himself , or can ever appear , so long as he is separated and divided from his great councell , where , by a free debate of all consequences , and by a clear discovery of all sinister ends and fraudulent practises , the truth of all can onely appear ; and without whom his majestie can determine nothing by himself , nor by his own judgement therein . the question being of exposing himself , his successors , all his subjects , and their posterity to a bondage , and subjection under a heavie yoke and forraigne head ; usurping a spirituall authority , and claiming homage and universall obedience thereunto by divine right , as being , christs vicar generall , and the supreme head of the church upon earth : and the consequences of which being , that the acknowledgement of this claime , and a generall beleef thereof onely , doth necessarily subject all other power and authority unto it ; by reason that the faculties of the soul upon which this spirituall authority hath the chiefest influence and operation , do easily subject and subdue all the powers of the body . and it is now experimentally known , that men being once subdued to the apprehension and beleef of this spirituall authority , by their intellectuals and rationall parts chiefly , they are kept in obedience as to their duty by their sensitive parts , and by all manner of forcible means , which makes it a reall power and authority that before was onely imaginary ; and by means thereof becomes a power superior , to all humane power , and cannot be contradicted nor controlled by no power nor authority , that is in man , and can neither be limited nor confined within any certain bounds , nor be directed by no rule nor law whatsoever . but notwithstanding would suddenly vanish , if the grounds and ends of all spirituall authority , to be exercised under any form of ecclesiasticall government , were fully examined , and discovered to be nothing but the imagination of man , which would infallibly follow if nothing were taken for granted without evidence and proof , which is the end of all councels and consultations , and the principall duty of every rationall man : and reason is in nature before all the other faculties of the soul , and is the foundation of all other gifts and graces whatsoever , but not the perfection , and therefore is it given to all men as a difference and distinction between man and beast : when other gifts and abilities are given onely to some ; and the end of government is discovered to man by the light of reason , and conduceth to the very being of man , which must be provided for , before any thought or consideration can be had of well being , or of any other perfection . and therefore unity , which is the preserver of humane society , must be provided for before any other duty that is required of man . for the preservation of humane society tendeth to the propagation of mankind , in which the being of man consisteth , as from which it is derived , without recourse to a new creation ; and all authority , which is the preserver of unity , must be derived from one head or fountain which in this kingdom is from the regall power . for no man denieth that the king is the head of his people ; and all men know and acknowledge that he is never in his supremacy nor absolute but by his parliament . which as it is the representative body of the people ; so is it the supreme councell of the king . and therefore without it he is neither the head of a compleat body ( but of a faction ) nor a compleat head ; for the parliament being the representative of the people becomes thereby their living soul , including the will and desires of all the people , as comprehending them all : but being the kings great councell , who is the head of the people , it doth supply the office and nature of all the externall senses which are placed in the head for the use of the body , and especially to inform and assist the intellectuall faculties inhabiting the head , for the giving of due influence upon the body , without which a body politick doth languish and consume ; being fed and nourished by the vigorous operation of the intellectuals descending from the head , as a body natural doth by sustenance and meat . wherefore what god hath conjoyned , let no man separate : and whosoever wisheth well to the prosperity of this kingdom , let him endeavour the conjunction of king and parliament : and whosoever nourisheth division between them , let them be esteemed as the betrayers of their countrey , and enemies to mankind ; and let god arise and his enemies will be scattered . but as my lord of canterbury had a legall triall , and just sentence , so may all such disguised traitors to the kingdom , and fraudulent deceivers of the king , in going about to steal from him his reall right and authority , by a counterfeit shew of making it better , perish and be confounded in their own craft as publick enemies to king and parliament , where onely the supremacy of all authority in england doth rest , with the king , and in the king ; but not in the kings will , but in his reason : which as it rendreth him most absolute , so doth it appear most eminent , by concurring with the desires of all his people , when exhibited to him by them who represents them all ; and are likewise his supreme councel , to which all other councels and courts whatsoever are subordinate and accountable : by doing whereof onely he is united with his people , and his people with him , wherein the strength of both consisteth , and then may he confidently say , if god be with us , who can be against us . finis . notes, typically marginal, from the original text notes for div a e- cor. . . reformation in courts, and cases testamentary. parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) reformation in courts, and cases testamentary. parker, henry, - . , [ ] p. s.n., [london : ] attributed to henry parker. caption title. imprint by wing. annotations on thomason copy: p. : "nouemb: . "; p. : "written by henry parker. esqr. . novemb. ". reproduction of the original in the british library. eng justice, administration of -- england -- early works to . law reform -- england -- early works to . jury -- england -- early works to . a r (thomason e _ ). civilwar no reformation in courts, and cases testamentary.: parker, henry b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion reformation in courts , and cases testamentary . before the late abolition of episcopacie this nation suffered under too many testamentary jurisdictions : some counties had no lesse then . or . peculiars : and in some counties divers lords of manors , and corporations had a priviledge to prove wils , and speed businesse of that nature upon a lay account . the people found themselves divers wayes aggrieved by this multiplicitie of jurisdictions : and therfore to give some ease , and redresse therein , the metropolitans prerogative courts were erected about . yeers ago . in the yeer . dr : merick , judge of the prerogative court of canterbury , removed his office to oxford : and then there was a committee appointed to consider of a new settlement of that court , but nothing was reported thereupon . in the yeer . mr: maynard brought in an ordinance for making sir n : brent judge in dr : merricks place : and the same was passed with some other materiall alterations in the prerogative court . in the yeer . all episcopall jurisdiction was taken away : since which there is no true power remaining anywhere to dispatch testamentary businesse upon the ecclesiasticall score , except that of sir na : brents . sir na : brents jurisdiction has two defects , and so is as yet insufficient to do right to the whole nation : it wants extesinon of bounds : and a competent power of coertion . for want of extension it cannot proceed duly within the province of york , nor within the ancient province of canterbury : but onely in some speciall causes . hereupon occasion has been taken by divers private man without , and against authority of parliament , not onely where the prerogative has no cognizance , but also where it has to exercise testamentary jurisdiction : and so by these misproceedings the deceived people is put to much unnecessarie charge , in as much as they are necessitated to take out administrations the second time , and be at the expence of new probates as often as any suit arises . for want also of a sufficient coercive power ( for a court without a coersive power is no court ) the present judge cannot force men to bring in true inventories , or submit to order in other points : whereupon a vast licence is taken by many to defraud creditors , legatees , and other interessents : yea the state it self is often injured hereby , aswell as multitudes of private men . there is now living at guilford an executor which refuses to bring in an inventory : yet the testator died under sequestration , owed good summes upon bond to the parliament : and besides the main bulk of his estate , he gave away in his will above l. in pety legacies . in order to a reformation of these things , a committee of parliament was chosen in april . which after . yeers sitting made report in may : . the matter of that report was referred to a new committee to be formed into a bill , and in july following for the better maturing of that business , other members were added to that committee , and a speciall care thereof was recommended to sir pe : wentworth , and mr: miles corbet . since that time a bill has been prepared , and twice read in the house , but notwithstanding so much time is elapsed , it still hangs under a recommitment , and fails of giving satisfaction . the reason why the reforming of these things ( though the state it self , and thousands of particular men remain sufferers in the mean time ) proves so dilatory , and difficult , is supposed to be : because most men are possessed with two contrary extreme opinions : and few there are that pitch upon the middle and more moderate way . some men are wholly for the civilians , and out of favour to them , they would have no lesse then . courts erected , wherein none but of that profession stould sit as judges . some men are as opposite to civilians , and they would have that whole profession removed , and quite eradicated , aswell such as have been faithfull to the parliament during these late troubles , as such as have been enemies : only that testamentary busines might be thronged , and obtruded upon the other courts at westminster . in the mean while there is a third opinion , that mitigates both these extremes , and thereby declines the inconveniences occurring on both hands . according to this third opinion : if the court ( now cal'd the prerogative ) were inabled with such a coercive power , as other courts of justice have : if it had a jurisdiction in all causes testamentary whatsoever , throughout the whole land : if it were likewise animated with as many judges , as use to sit in other courts ( which the lord bacon thought necessary many yeers ago ) and if it were subordinated to another higher court , of as many judges , in all matters worthy of appeal : it would prove an excellent settlement : and without any further dangerous innovations ( we take in all other restrictions , and points of reformation prescribed to other courts against delayes , excessive fees , and arbitrary proceedings ) would be sufficiently serviceable to those publick ends , we all aime at . it is remarkable also that the advantages , and conveniences , which commend to us this middle way are many , and very weighty . for , . hereby that admirable light of the civill law , approvedly usefull in monarchies , and yet by some held more usefull in democracies , will be preserved in our english horizon , and saved from utter extinction . there is scarce a state in christendome , whose highest councels , and judicatories are not mainly swaid by the profound professors of civill law : and as learned polititians are generally the ablest servitors to all states ; so no other study , or breeding has more eminently accomplisht learned polititians , then this of the civill law . without a competent practice this knowledge will be lost to our natives : and this being so lost , we shall be driven , though to our shame , to have forreiners in p●nsion . now to reject the service of englishmen , when we are to treat with aliens : and not onely to trust , but also to gratifie with our english gold men born to a forrein interest , will be a great discouragement to our own students so rejected . besides testamentary busines is common to us with other nations , it never had hitherto any thing peculiarly municipall in it , the formes and the processes , and proofs of the civill law have ever hitherto so prevailed , that englishmen might confidently as to testamentary interests demand , and recover their rights abroad , and strangers might do the like in england . and t is not yet easie to foresee what inconveniencies may ensue if in this infancy of our republick we presently depart too far from ancient legall communities and correspondencies with other neighbouring nations . . as the study of the civil law will be preserved , by the number of doctors and advocates , that will be supported by one admiralty , and these two testamentarie courts : so the students of the civil law will be hereby the better reduced . heretofore , when there were so many peculiars , and judicatories in england , the very number of them was oppressive to the people : and yet there is not left now the tenth part of busines , and imployment for civilians , as was then . all the cognizance of decimal cases , and questions about matrimony , incontinence , canonicall obedience , and granting licences of many severall sorts is taken away ; and therfore it remains , that we must lessen our courts , as we have lessned the busines appertaining to our courts , or else our lawyers themselves will feel the inconvenience of it , as well as clients . countrey practise addes little to the skill , and ability of our gownmen , wherfore when there is a scarcity of countrey practise too , ( as there must needs be , if no fewer then . courts be establisht for so little busines , as is now remaining ) the very number of professors will become a burthen to the profession , rendring them , as indigent , as it does illeterate . . this due reducement of civilians will be for the states ease , as wel as for the commodity of our long-robed gentlemen . for multiplicity of jurisdictions , what by their own clashings , and what by the craft of their ministers , often begets multiplicity of needles suits , and t is possible that more publick and dangerous differences may be occasioned by their disputed limits , and divisions , and all these will be damageable to the common-wealth . if we calculate what the necessarie charge will be of maintaining twenty courts , as some propose in favour of civilians : or what will maintaine so many clerks , and officers , as there are counties in england , according to the proposal of the other side , we shall finde , it will amount to no small value . . this just apportionment of civilians to the latitude of their busines , by bringing with it an inlargement of benefit , and subsistence to those few practisers which remaine unreduced , will inable them to serve the state more beneficially and cheaply then their predecessors have done hitherto . t is manifest that the same practise which with moderate fees will creditably and amply maintaine twenty practisers , will not maintain fourty , though they be permitted to exact fees more immoderately . it is proposed therefore in behalf of this new settlement , that the judges , and their dependents above , without any demand of new fees , shall at their proper cost maintaine , and depute sufficient officers belowe in the chief towne , or city of each county , that is distant above , or , miles from london : to dispatch all such testamentary busines there , as is in common forme , and may be dispatched by letters : and so save the greatest number of suitors their travaile to london . it is also undertaken , that the said deputies shall in favour of the poorer sort do busines gratis , and neither take gratification nor reward where the inventory exceeds not l. and in all other dispatches of greater value it shall be the same deputies part to transmit all things up to london that deserve registring , and reserving , without grating upon clients . likewise , the same deputies , if authority thinke fit , which thus intend testamentary busines below , may finde leasure , and opportunity enough to keepe authenticall entires , and records of all other contracts , and solemne acts betwixt party , and party , which deserve to be treasured up for publick search . how acceptable therefore such a settlement would be to the people , when it should speed all mens busines so compendiously , and the poores so gratuitously , and how full of grace it would appear to the generality , need not be further demonstrated . . hereby the excessive incumbring , and over-charging of our courts at westminster with a surplusage of testamentary busines ( not yet foreseen by some practisers of the common law ) will be aptly prevented . it will be the wisdome of the parliament to provide , that we have neither too many courts for our suits , nor too many suits for our courts : both being attended with great inconveniencies , but the second with far greater , then the first , some would have in every county a court , and reduce us to the old manner of jurisdiction , which was used in england long before the norman conquest , when this was a cantoniz'd country , and obeyed severall pety princes : and this is pressed as very counsellable , by that party , which would cantonize us the second time : but t is to be fear'd , if this designe prevaile , our quarrels , and controversies will abound , and increase upon us , as fast as our judicatories do . that fire which is now kept up in one hearth at westminster , will be then scatered all over the house , and so spread its flame much wider then before . other objections lie against too many courts , espescially when they are attended with more illiterate judges , and unexpert counsellors : but the intent of this paper is to shew that there is lesse publick prejudice in too many courts , then in too few . t is with the politick , as with the natural body : both finde obstructions more fatal then fluxes , and both receive more torture from a defect in the expulsive faculty , then from a defect in the relentive faculty . too much vexation from many courts may be compared to a disentery : but want of expedition by reason of too few courts is like the nephriticall malady , and kils us with pangs inexpressible . the parliament of late has taken away half our courts almost at westminster : and thereby doubtles it has taken away from amongst us many of our suits , and law-questions ▪ but it is as far out of doubt withall , that all the differences that were formerly decided in those abolisht courts , are not abolisht together with those courts . this together with the calamity of our late broiles , and confusions , has begotten a very great glut of busines at westminster hall : and this glut of busines has most undeservedly begot a complaint against westminster hal. every man sees that the chancery at present grants not clients such dispatch as is expected : but every man sees not the true cause of this : and the plain truth is , the fault is not in the court , nor in the commissioners , nor in the pleaders : t is too great a confluence of busines that chokes up , and obstructs chancery proceedings : and t were much better for the common-wealth to be at the charge of two chanceries for too little busines , then to maintaine one that 's over burthened with too many causes . oh that the parliament would consider what want of a due hearing , and redresse is in chancery , and other courts , yea and within its own walls . the greatest of our grievances , the grievance of all our grievances at present is ; that our grievances can have no vent , and that our complaints know no place , where they may effectually disburthen themselves , many thousands at this day being no where remediable but in parliament , have wofull petitions to present , yet can obtaine no accesse at all to the house : and some thousands of those that obtaine accesse , either waste themselves in a diuturnall frustraneous attendance , or are at last denied their requests , or are undone for want of a timely deniall . there is now a prisoner in warwick castle , whose long durance has sunk him into the deepest of all worldly afflictions , and his languishment is now almost desperate , because though he has alwayes in other matters deserved well of the parliament , and no great ill in this ( as he hopes to prove , if he may be admitted to any triall ) he sees the house which can hear his accusation , yet cannot find leisure to hear his defence , nor will provide for him any other issue out of this miserable condition . i my self in a case of no meer , private concernment have attended upon committees for dispatch at least seven yeers : and though that attendance has much broken my fortunes , and disappointed me of divers hopefull preferments , and given me cause to complain against my undoers : yet am i fain to strangle my griefes in private , lest i should by a new supplication condemne my self again to the torture of sisyphus , for seven yeers longer . i uttet not this here , because it burns , and festers like a deep suppuration in my minde : but because i beleeve there are very many others in my condition , to whom want of expedition ( being like the stoppage of the stone in the uritories ) apears more intolerable , and procures more desperate disaffections then it does to me . pardon this digression , it means no ill : it would onely demonstate , that there is danger , and damage in too many tribunals , yet not so great as in too few . . hereby there will be one cettain place for all suitors to dispatch their busines at , and that place will be london our metropolis , incomparably the most commodious of the whole land for such dispatches : when there are many judicatories , and registries in severall counties , and provinces to resort unto , there cannot but follow much uncertainty to clients ; and uncertainty in matters of this nature is ever the mother of confusion , and distraction . some men which look no further then to the ease of executors and administrators , suppose london too far distant from some counties , and therefore they propose to have all wils proved , and administrations granted where each testator or partie intestate dyes : but these in the mean time have no regard to the ease of creditors , legatees , and other interessents who often are more in number , and whose rights are often of more value , then the executors and administrators . wherfore forasmuch as one that lives in cornwall , another in london , and a third in norfolk , may be concerned in a will or administration at barwick , or carlile , and so by this proposition must accidentally travail to barwick or carlile , the most incommodious places of all england : and still there is no certain place designed to any man before-hand ; what a generall vexation and perplexity is this likely to produce in many cases ? now london as it is a place alwayes fixed , and pre-determined , so it does for manifold conveniences deserve that preheminence before all other places whatsoever . for , . london is the common justice seat for all suitors to resort unto in all other differences ; and therefore testamentary records are most necessarie to be there kept , where they are to be oftnest produced , and where they may be most ready at hand upon all occasions to be used . . all ages can testifie , that testamentaries records have there been ever most safely treasured up : whereas if an inquiry be now made of the registries belowe , without doubt it will be a strange account that will be returned of their records , and ancient minniments . . if suits arise ( as they do most frequently about wills , administrations , &c. ) no other place can afford so able advocates , sollicitors , &c. as london can. . london is so qualified for correspondence , by reason of the vast concourse of people there about other busines , that any man may write thither , and by writing have busines dispatcht there with lesse trouble and expence , then he can ride twenty miles any other way : and the greatest part of testamentary busines is dispatchable by letters . . as the best choise of able responsall registers and other officers are to be had at london , so if they misdemeane themselves , there is the readiest remedy to be obtained against them . . the dispatch of busines below is not left to the meer care and costs of interessents farr remote from london , that is in in great part to lie upon the shoulders of such as shall have deputations from above as the busines is here stated : upon the whole matter therefore it may rationally be concluded : . that a speedy settlement of some new testamentary jurisdiction is worthy of the parliaments serious consideration . . that this settlement here proposed , is the most adequat to our publick , nationall interest of any that has been yet debated : if every man would know that the generall interest comprehends his particular , as the greater does the lesse : but not on the contrary : and so the common and civill jurist would not confine their thoughts to what is the advantage of their profession ; nor the burgesse of such a town , nor the lord of such a mannor , nor the knight of such a sheere ; restrain themselves within their own narrower circles , but would obey the rapture of the highest orbe ; all our motions would be far more regular , and concentrick . a discovrse concerning puritans tending to a vindication of those, who unjustly suffer by the mistake, abuse, and misapplication of that name. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing l ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing l estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) a discovrse concerning puritans tending to a vindication of those, who unjustly suffer by the mistake, abuse, and misapplication of that name. parker, henry, - . ley, john, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing l ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread [ ], - p. printed for robert bostock, [london] : . variously attributed to henry parker and john ley. cf. jordan, w.k. men of substance, p. ; halkett & laing suppl. reproduction of original in huntington library. eng puritans. a r (wing l ). civilwar no a discourse concerning puritans. tending to a vindication of those who unjustly suffer by the mistake, abuse, and misapplication of that nam [no entry] c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - john latta sampled and proofread - john latta text and markup reviewed and edited - pfs batch review (qc) and xml conversion a discourse concerning puritans . tending to a vindication of those who unjustly suffer by the mistake , abuse , and misapplication of that name . vivere qui vultis sanctè , discedite româ , omnia cùm liceant , non licet esse bonum . mantuan . you who would guiltlesse be , depart from hence , no guilt is here so blacke as innocence . the second edition , much inlarged , augmented and corrected by the authour . london , printed for robert bostock , . to the puritan reader . if thou art such a one as doest confesse thy selfe a puritan ( as the name is now unjustly used ) thou wilt soon find in this short tract , that my indevour has been to do thee right , but not to humor thee ; to take off unjust aspersions from thee , but not to insinuate by flattery into thee . an ambidexter i would not be in two contrary factions , by seeking to please both ; neither would i be a neuter , if i could avoyde it : but in things where i dissent , i will depart from both sides , rather then from that which i think the truth . i shall not use the word puritan factiously , as if all puritans were alike to be imbraced : but cautiously , as if that difference and contrariety might happen amongst puritans in england , as did once amongst the disciples in our saviours owne schoole . charitie urges me not to censure any man in particular for an hypocrite , yet wisdome teaches me not to free all men in generall from being hypocrites : such charity may well stand and agree together with such wisdome , and such wisdome with such charitie ; but if i doe not at all scruple any mans integrity , this necessitates me not therefore to ascribe an infallibilitie : for if i can easily yeeld to hope and think well of all puritans , yet it ought not to be expected that i should yeeld my consent to all puritans in all things . i am free and open in declaring my opinion aswell against the rigorous and necessary urging of presbyteriall as episcopall government in all places , and at all times ; but i relye upon proofe not meere phansie , and my proofe being enervated by my clearer judgement , it will be a pleasure to me to retract . variety of opinion and understanding ( some say ) has place amongst those glorious spirits in heaven , amongst whom no other kind of discord can have place : and even the apostles themselves though inspired by god , yet when they spake not by inspiration , they were not desirous to lead captive the beliefes of other lesse-knowing men . heat and acrimony amongst such as dissent in opinion has done more mischiefe in the church of god , then any thing that i can imagine besides ; and certainly 't is not the meere love of truth , but some other sinister respect that workes thus violently in the minds of men so naturally dimme , as we all are . for why should i burn with indignation against another , because he is lesse understanding then i am ? or why should i so farre presume upon my selfe , if i think i am liable to errour , as well as other men ? can the meere love of knowledge make me abhorre ignorance more in another then in my selfe ? or make me arrogate more freedome from errour to my selfe , then to other men ? sure , truth has more affinity with charity then so , and charitie with humility . for my part , i doe acknowledge my selfe not onely subject to much ignorance , but to much scandalous offence too ; my greatest enemie shall not charge me of more staines , then i will my selfe ; i will confesse my self the chiefe of sinners , and that not only in regard of sinnes past , as perhaps saint paul did , but also in regard of my present sinfull condition ; but certainely since sin and ignorance are such things as cleave radically to all men , and must be accounted sortis humanae ; therefore to beare mutuall reproofes , and to forbeare all bitternesse and censure , ought to be professed as vertues , and to be accounted sortis christianae . and since i my selfe notwithstanding all my other defects ▪ do not glory in them , but confesse them to my shame , and since i doe not maligne the graces of god in rigid puritans , but rather rejoyce thereat , i am persuaded , howsoever i appeare to the eye of god , no man living ought to despise me , much lesse to expunge me out of the booke of life . if god does not give me so much grace as he does thee , wilt thou say , he gives me not that which he accounts sufficient ? and if i am not in this or that so unblameable as thou art , wilt thou say , my grace generally is not equall with thine ? if thou exceedest me in all other vertues , and yet art by me exceeded in humility alone , wilt thou upon this proceede to censure me ? puritans have not made themselves more inexcusable by any thing then by condemning other men : for though they see not as god sees , yet they will often undertake to judge as god ought to judge : and in this they have not been greater enemies to themselves , then to the whole state of pietie and religion . it does not appeare to the contrary , but that the pharisee in the gospell , of whom our saviour put his case , might be a good man , and his cause might be good to praise god for not leaving him to the scandalous excesses of some other men : but when he would undertake to judge particular men , more righteous perhaps in gods sight then himself , we know what judgement he received himselfe . and if it be not lawfull to censure a publican , much lesse will i censure a pharisee , except alone in that particular wherein hee is himselfe censorious , and wherein our saviour christ condemnes him : that doctrine therefore which i shall recommend to all men both pharisees and publicans , is , to be charitable , to be humble : to be charitable , because they are christians , to be humble , because they are men . the times have lately received a very great and wonderfull change , almost equall to that of edw. the . and yet still there is the same use of charitie , as was before . lukewarmnesse that odious and nauseous bane of religion was hitherto decored and guilded over with the title of moderation : but now we are in danger to suffer in the other extreme , for moderation that blessed pacificall vertue is now likely to be as much debased , and defaced under the title of lukewarmnesse : both wayes charity is violated , both wayes piety is opposed : and what difference is it to satan , if he prevaile , by which extreme he does prevaile , whether he sinks us by a tempest , or confound us by a calme ? for a remedy of all mischiefes then let us embrace charitie , and that charitie may dwell amongst us , let us all learne to censure , despise , and abhorre our selves more , and other men lesse hereafter . a discourse concerning puritans . itis a common maxim amongst politicians , that a state is maintained by accusations , but ruined by calumnies : and therefore ( saies marquesse malvezzi ) happy shall the subjects be of that wise prince , which countenances accusations , and checks calumnies : for the suffering of accusations to goe lesse in repute , and calumnies to get footing , hath beene the encrease of manslaughter , and the continuance of enmity in all ages . many beleeve that nothing which is done would be knowne , if this meanes of dispersing privie calumnious speeches were not used , whereas little is knowne because it is used : for falshood constantly affirmed for truth , sometimes deceives , and when it does not , but is knowne to be falshood , yet it forces to some suspension of judgement , and makes us yeeld some way even to that which we beleeve not . this is most apparant at this day in this kingdome in the case of puritans , for did accusation and legall processe take place , few crimes would be proved against puritans , and did not malicious calumny prevaile , as few men would be proved puritans , whereas now nothing is so monstrous , which is not branded upon puritans , and no man is so innocent as to escape that brand . so great also is the audacity of those which lacerate the fames of puritans , and with so much confidence doe they vent their obloquies , that they which know the falsity thereof , and easily perceive that the same aspersions are more truely due to the autors and raisers of them , yet they are dazeled , and driven to some doubtfull admittance thereof . neither could this audacity be so prevalent amongst the vulgar , but that scholars , and the greatest of the clergy are now become the most injurious detesters and depravers of puritans , having taken up in pulpits and presses , almost as vile and scurrilous a licence of fiction and detraction , as is usuall in play houses , taverns , and bordelloes . some men divide generally all protestants into puritans , and antipuritans , but i shall admit of subdivisions in both , for all men are not alike , which either affect or disaffect , either puritans or antipuritans . antipuritans i shall thus divide . some antipuritans are so tearmed , because they are no puritans , but such i dislike not , for i my self am neither the one nor other , i neither merit the name of puritan , neither doe i hate them so as to professe my self an antipuritan . others are accounted antipuritans , because they are of the romish religion , and so professe themselves , but their enmity is but a due antipathy , and as a necessary consequence of their religion , and such i take no notice of , i think puritans expect no other from them . others again there are which are very averse from some puritanicall tenets , and hold puritans in very many things erroneous , but yet they mean well themselves , and bear no hatred to the persons of puritans , they allow puritans sound in the most and weightiest matters of faith , they hold dissent in disputable things no ground of malice , and they attribute no infallibility to themselves in those things wherein they dissent : from these men i am but little removed . the worst sort of antipuritans , and they which ought only to be so called , are they which bitterly hate and persecute many good men under the name of puritans , and many goods things in those which are puritans , whose antipathy is to mens persons , as well as opinions , & in opinions those which are sound , as well as those which are erroneous . these are the antipuritans which i shall now strive to detect , whom i now hold to be of great number and power in the state at this day , whom we may account the chiefest causers , and procurers of all those mischiefs and plagues which now incumber both church and commonwealth , and to be guilty of all those crimes , which falsly they charge upon puritans , being therein like caesars enemies which therefore onely hated him , because they had deserved hatred from him . by such antipuritans is all love to goodnesse and zeal to the protestant religion , and all hatred of vice , and dislike of popish superstition , brought into contempt . for as they admit all true of puritans which papists object against protestants , so they account all protestants almost ( besides their own faction ) puritans . by such is the religion of the scots made ridiculous ; by such is the amitie of the two nations , and therein the honour and safety of the king , his crown , and progeny endangered . by such is calvin , & the reformers of our religion for hearkning therein to calvin , traduced , and another reformation attempted ; by such is antiquity preferred to obscure scripture , uniformity in ceremonies to the disadvantage of unity in hearts ; by such is the outside and walls of religion trimmed and decored , whilst the soule thereof is neglected and defaced ; by such is the kings heart stolne from his subjects , and the subjects estranged from the king : by such is the name of royalty pretended whilst a papall hierarchy onely is intended ; by such is dissention nourished in the state , that they may fish in troubled waters : by such is truth in other men styled faction , and faction in themselves styled truth ; by such are innovations preached and printed for necessary points , whilst necessary doctrines in other men are prohibited . in the power of such it now remaines to teach and publish all things consonant to their owne ends , and to quash and silence all gainsayers , and either to promote or detrude all suiters for preferment at their discretion being absolutely possessed of presses , pulpits , and the eares of great men ; by such are many good men reviled and oppressed for their constancie to the true religion , whilst many factious , semipopish dunces are unduly preferred every where for neutrality in religion , or some worse innovation ; by such are puritans made as sinks and sewers to unlode and discharge their own filth into , whilst their black railing tongues expume nothing against puritans , but what is true of themselves . these things ( if i am not deceived ) will appeare in this ensuing discourse . in all ages true religion hath been odious amongst heathens , and true devotion amongst sensualists , judaisme appeared to painims meer superstition : christianity seemed to the jewes grosse blasphemie : and now amongst christians protestantisme is nothing else but heresie : and amongst protestants zeal is misnamed puritanisme ; but in this word puritanisme is a greater mystery of defamation then ever was before , it may well be called {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , it is a word of depravation , fit onely for these times , wherein the shine of the gospel is at the brightest , and the malice of satan at the highest . this word sprung up almost with the reformation , no sooner had the woman brought forth , but the serpent pursued her to devoure her issue , and she being fled into the wildernesse , this streame of infamy was spued forth after her to overtake her . the bishop of downe in ireland , in his visitation speech . endeavours to make it credited , that puritans have increased since the reformation by degrees , both in number and malice : but the contrary is most apparently true . dissent in ecclesiasticall policie about ceremonies and other smaller matters , being not of the substance of religion , first gave occasion to raise this reprochfull word puritan in the church : but since that time mens minds being better satisfied , and peace being more firmly setled about those indifferent things , the more few puritans remayned , and the more moderately those few became inclined , the more furiously their enemies raged against them , bastwick , prin , and burton , the onely men which law can take hold of , are names now as horrid in the world , as garnet , faux , ravilliack . precisians have now wonne the scene from iesuites : poysoning of emperours , massacring of provinces , blowing up of parliaments are all now grown into oblivion , and drown'd in the stories of ceremony-haters . howsoever as amongst antipuritans , so amongst puritans ( it must be confessed ) there , are some differences to be observed . some puritans think all puritans alike to be loved , and all antipuritans alike to be hated , but sure there is truer affinity in minde between some which are puritans , and some which are not , then between some puritans and others , or some of the contrary opinion and others . paul unconverted equally opposes peter as simon magus does , and in regard of this joynt opposition , both are unanimous , but even in this opposition both have their opposite ends . magus opposes maliciously for ambition and lucres sake , but paul ignorantly seeking thereby the same gods honour whom peter serves in a truer way . therefore in regard of the mayne end , there is more unity and consent betwixt paul the persecuter , and peter the persecuted , then betwixt paul and magus , though both persecuters of the same cause . the like is now visible in england , for every man which is an antipuritan is not so for the same reasons , some have more of malice , others are more ignorant , some are pestilent engineers , and through the sides of puritans knowingly stab at purity it self , others are but engines misimployed , or by their owne blind zeal misled , and these perhaps whilst they persecute gods children , imagine they doe god a gratefull service therein . in samaria , from an unkindly mixture of israelites and syrians , a strange heterogeneous of-spring different in religion from both did arise ; and the like is now in england , nay , it may be said here ( as it was in constantines dayes ) there are almost as many religions as opinions , and as many opinions as men . papists have their differences , protestants theirs , therefore needs must there be many more differences where papists and protestants live so confusedly blended together . for examples sake , how many differences have we even about indifferent ceremonies ; and that meerly amongst protestants ? some men loath ceremonies out of antipathy to popery , which too superstitiously extols them ; others againe admire them for antiquities sake , which before popery innocently ( yea , and perhaps profitably for those infant times of the gospel ) used them . these two sorts of men , though different are not dangerous . again , some men are thought to disrelish ceremonies out of stomack to that authority which commands them ; but if there be any such , i thinke they are very few , and scarce visible to the eye of man . others on the contrary give reverence to them for poperies sake , which depends so much upon them ; and i feare there are many such amongst us . again , some men stand devoted to ceremonies , as they are the lightest things of the law : like the tythers of mint and annis in the gospel , embracing them instead of weightier matters , and none are more unmercifull then these to scrupulous minded men . others in the mean while account all things of the same moment , both great and small , pretending to spie some faults , and some truths on either side , and therefore they hold it indifferent to assent to either , or dissent from either in any point whatever . but the wisest sort conceive there may be errours on both sides , but not alike grosse and pernicious , and therefore such eschew the wrong , and apply themselves to the right in either side , yet neither honour , nor despise either side alike . and these instances shew that all men doe not professe , or condemne puritanisme alike , or from the same ends , and yet in the chaos of this countrey , as things now stand . frigida cum calidis pugnant , humentia siccis . mollia cum duris , sine pondere habentia ●ondus . i could wish therefore that all well meaning men would take notice of these things , and affect by reason , not passion ; for since some good men are puritans , and not all , and since some ill men are puritans , and not all , this ought not to be a rule of love and hatred in all cases alike . that which is most objected to puritans , is fury , faction , and hypocrisie : if i see these in a man reputed no puritan , yet to me he is a puritan : and if i see not these in a man reputed a puritan , as to me he is no puritan . if gracchus be invective against sedition , i censure him by his actions , not by his words , and if cato be accused of mutiny , i censure him by himselfe , not by his accusers , i condemne none meerely because condemned by others ; for it is usuall for the wolfe to sit on the bench and condemne the lambe at bar , for that which is most proper to the wolfe most unnaturall to the lambe , and yet this proves the wolfe the more a wolfe , and the lambe the more a lambe . i cannot but professe it , there is nothing more scandalizes me at this time , then to see puritans being so few in number , so despicable in condition , so harmelesse in example , so blamelesse in opinion , yet sentenced and condemned in judgement , as if they were the greatest incendaries , and the only innovators in the christian world . doctor heylin a violent pamphleter against puritans , calls burton the great dictator of puritans , and the law hath past upon him with great severity , yet burtons crime was that he wrote against altar-worship , and it was adjudged that his style was seditious . it is not manifest that his intention was seditious therein , and if it was so , it is manifest that he was most vaine and absurd therein as our state is now establisht , and as our king is generally revered , they which pretend great danger to the king likely to ensue out of such paper machinations as these , may have three mischievous ends therein . first , that they may be thought the only solicitous men of the kings safetie . secondly , that they may disparage the common peoples loyaltie . thirdly , that they may crush their adverse puritanicall party ; but , it is thought , they which pretend most danger hereby to the king : doe least believe themselves , and therefore they doe spin that affection and division out of the sufferings of burton , &c. which his attempts could never have effected . my lord of canterbury in all his invectives against puritanisme , ever made fury and turbulence the ground of all his hatred and enmity against it , and yet let the whole world judge if the earth ever brought forth any thing more furious and turbulent then himself . at the same time whilst he adjudges torture to that incendiary burton , &c. for writing a pamphlet against altars , &c. he himself is busie in sowing the dragons teeth ( i may say the great red dragons teeth ) all over england scotland , and ireland , and putting all the three kingdomes into a posture of warre , that like earthen vessels they may be dashed to peeces by conflicting one against the other . to whom can it be credible that burtons quill should blow the flame of warre amongst nations so combined in spirituall , carnall and politicall consanguinity ; under the protection of so peacefull a prince , in such halcyonean dayes of tranquillitie , when even my lord of canterbury himself with all his ill accomplices at home , and spanish , italian , french confederates abroad , ought for ever to be admired for his prevalence in that vast stupendious dis-service ? howsoever , as the times lately were , we beheld sedition grievously upbraided , and punished in burton by my lord of canterbury , and that old verse applyed as a proverbe : quis tulerit gracchos de seditione loquentes ? but it s no wonder that burton should be an incendiary in that mouth , wherein calvin was a knave , good god , could he think the reformed religion any thing else but knavery , when he calls gods most sanctified and best inspired instrument of reformation knave ? because god doth not now work by miracles , as he did in the first plantation of the gospel ; are not therefore his works as sacred , and his instruments as venerable ? and since the redemption , what work hath god ever performed more noble , and for ever to be exalted then the reformation ? for what was that worke , but a reviving of lost salvation , and a new restauration of the buried gospel amongst us ? and in that glorious worke who was anoynted by god for a more egregious charge then calvin ? is it not therefore the same sin in kinde if not in degree so to conspurcate and defile this blessed messenger of this blessed tidings with impure termes of obloquie , as it was to ascribe the worke of our saviour to beelzebub ? o the execrable gall of that breast , and venome of that tongue , which through the sides of calvin did strive to defame the most gracious services of calvin , nay that most pure and fiery spirit of god himselfe , which enabled calvin for those services ! needs must he hate and prosecute all puritans whatsoever , and reject and disrelish all things whatsoever in puritans , which is so maliciously bent against calvin himselfe meerly because puritans have him in so high esteeme , for that holy spirits sake which rested so aboundantly upon him . but let us a little further search into the mysterious abuse , and misapplication of this word puritan . those whom we ordinarily call puritans are men of strict life , and precise opinions , which cannot be hated for any thing but their singularity in zeale and pietie , and certainly the number of such men is too small , and their condition too low , and dejected : but they which are the devils chief artificers in abusing this word when they please , can so stretch and extend the same , that scarce any civill honest protestant which is hearty and true to his religion can avoid the aspersion of it , and when they list againe , they can so shrink it into a narrow sense , that it sha●l seem to be aimed at none but monstrous abominable heretickes and miscreants . thus by its latitude it strikes generally , by its contraction it pierces deeply , by its confused application it deceives invisibly . small scruples intitle mee to the name of puritan , and then the name of puritan intitles me further to all mischiefe whatsoever . the scots rise up against episcopacie , it is questioned by some , whether they so rise up , for the good of religion , or for the overthrow of wholsome discipline . answer is soone made , that episcopacie cannot be unpleasing to any but puritans , there is no opinion can smell stronger of puritanisme , then that of a church parity , and of puritans what good can be expected ? but the scots also desire redresse in other grievances , and here their intention is againe questioned . answer is as soone made again . that the scots being declared open puritans , they must needs be enemies to monarchicall government , and that no redresse can ever satisfie them , but such as shall debase royall dignity , and establish a popular rule among them . but some of the scots in some actions doe very much misdemeane themselves , and here it 's thought by some , that this ought not to redound to the prejudice , or blame of the whole nation : but strait the antipuritan steps in againe with answer to the former purpose , that the same faction which makes them all puritans , makes them all mutiners , and that there is no trust to be given , nor favour shewed to any whose very religion is disobedience . other the like examples may be instanced in . parliaments of late in england have beene jealous of religion , this laudable zeale made them at first come into contempt as puritanicall , and then the imputation of puritanisme made this laudable zeale contemptible ; and so by degrees , as any thing else might be charged upon puritans , as disobedience , and disaffection to monarchy , so nothing could be charged but proceeding from puritanisme . some scrupulous opinions make say , brooke , &c. puritans , puritanisme inferres them mutiners , mutinie makes all that they can doe or say , all that they forbear to doe , or say , it makes their very thoughts wicked and perverse . thus wee see what a confused imposture there is in this infamous terme of puritan : but wee will yet further evidence by plaine instance how broad the devils net is in the vast application of this word , and how deep his pit is by its abominable sence , and the nature of its importance , that we may the better discover that net which intangles so many , and shun that pit which ingulphs so sure . puritans ( as i said before ) were at first ecclesiasticall only , so called because they did not like a pompous or ceremonious kinde of discipline in the church like unto the romish : but now it is come about , that by a new enlargement of the name , the world is full of nothing else but puritans , for besides the puritan in church policie , there are now added puritans in religion , puritans in state , and puritans in morality . by this means whole kingdomes are familiarly upbraided with this sinne of puritanisme : as for example , all in scotland which wish well to the covenant , though some papists , some courtiers , and almost all the whole body without exception have now declared themselves for it , yet all these are manifest puritans . so also in england , all the commons in parliament , and almost all the ancient impartiall temporall nobility , and all such as favour and rellish the late proceedings of both the houses , which is the maine body of the realme , papists , prelates and courtiers excepted , nay , and its likely all scotland , and more then halfe ireland , all these are puritans . they which deprave this great councell of the kingdome , suggest to the king that the major part is gull'd and dorde by the puritan party ; but this is only because they are ashamed to speake it out openly in grosse termes , that all the major and better part in the court of parliament is puritanicall . but this suggestion is utterly false and impossible , for such as the major part in parliament is , such are those that chose them and sent them thither , and such are those that now approve their actions there , and both in the elections of parliament men , and in the consultations of parliament affaires , the kings party is as wise , cautious and vigilant ( if not more ) as the other party , and no subtilty could circumvent or cheat them out of their votes , if the puritans were so small and inconsiderable a side , as now they make them . no man of what capacity soever can admit this ; it is to all undeniable , that the blame of a parliament , is the blame of a whole kingdome . but i returne to my ecclesiasticall puritan . though it be true that ecclesiasticall puritans are fewer now , then heretofore they have been , yet it is as true that ecclesiasticall puritanisme is made a larger thing by farre then it was , being now spread abroad like a net to ensnare the more , as our many late additions and innovations testifie , which have crept into the church ( as may be feared ) for the vexation and molestation of such men , as were not disquieted with former ceremonies . it is generally suspected , that our prelates have aimed at two things in the novelties which they have lately induced into the church ; first , the suppression of those which are enemies to their pride , avarice , and ambition , by them tearmed puritans : secondly , their owne further ease , promotion , and advantage . both these ends seeme to be leveld at in sanctifying the altar , and unsanctifying the lords day , in advancing auricular confession , and corporall penances by externall mortifications , and crying downe lecturing , and preaching ; for if we marke it , these new doctrines doe not onely serve to terrifie and scandalize tender consciences , and thereby to deprive , and silence many painfull good ministers , and to scare away into forreign plantations whole troups of laymen , and to inwrap the rest in opposition ▪ but each of these doctrines besides hath a further reach in it of benefit to the clergie . the communion table hath lately gained a new name , a new nature , a new posture , a new worship that emperours and kings may be brought againe to take notice how far the persons and offices of priests excell in sanctity the persons and offices of princes . theodosius within one hundred yeares after prelacie began to arrogate to it selfe , was presently taught this lesson , for taking his seat in the chancell according to the easterne and ancient fashion , a deacon was sent to him in great state , to let him understand that none but men in holy orders might presume to set their feet on that sacred ground . this was then the bishops law , not the emperours , nor knowne in any other of his dominions , but italy onely ; but sure it was fit discretion , that much should be ascribed by bishops to that place , from which they were to derive much , and which would be sure to repay their homage with so great an advantage of homage back againe . preaching is now also grown too burthensome , and the lords day to priests according to that sanctity which puritans allow it , it requires too much praying , preaching , singing , which are not onely to them tedious , but also apt means to encrease , and foment puritanisme amongst the people . auricular confession also is a godly devise to bring the laity into subjection , and to make the people bow before the power of the keyes , and it may aptly force the consciences of kings themselves to feare the scourges of gowned men . adde lastly mr. wats his bodily mortification to mr. sparrows confession , and then laymen will be soone inured againe to finde out the fittest penances , especially praesbyteris , & aeris advolvi , and so in time their purses , their bodies , their consciences shall all bee made sensible of the spirituall scepter of priests . it s no great wonder then if our court divines , and their dependents doe what they can to draw us neerer dayly towards popery , under shew of antiquity , uniformity and charity , for ( without all doubt ) of all religions , popery is the most beneficiall to priests , most tyrannous to laymen . neither is it strange that they pretend so much zeale and devotion to the kings crowne and prerogative , as things now stand in england , as if none truly affected the same but themselves , for its cleare , that they cannot subject the people but by the king , nor the king without the people : and so long as they stand possessed of the kings good opinion , no man shall have power to confute them . king iames is a great instance for antipuritans , and a great prop to the episcopall cause , it s alleadged of him that hee hated puritans for their hatred to episcopacie , and loved episcopacie for its amity to monarchie : his aphorisme was , no bishop , no king : let us therefore appeale from king iames in their words to king iames in his owne . in his preface before his basilicon doron his words are : the style of puritans properly belongs to that vile sect of the anabaptists , onely called the family of love , such were browne , penry , howbeit there are others which participate too much with anabaptists contemning civill magistrates , &c. it is onely this sort of men which i wish my sonne to punish in case they refuse to obey law , and cease not to stirre up rebellion . but i protest upon mine honour , i meane it not generally of all preachers or others , which like better of the single forme of policie in our church of scotland , then of the many ceremonies in the church of england , which are perswaded that bishops smell of a papall supremacie , that surplices , caps , &c. are outward badges of popish errour . no , i am so farre from being contentious in these indifferent things , that i doe equally love and honour the learned and grave of either opinion , it can no wayes become mee to pronounce sentence so lightly in so old a controversie . since wee all agree in grounds , the bitternesse of men in such questions doth but trouble the peace of the church , and give advantage to papists by our division . these were the golden words of that peacefull , just prince upon his second thoughts : ô that they were now duly pondred , and taken to peeces word for word ! ô that they were esteemed , and understood in their owne weight amongst us , that they might reconcile our present differences , and that the same peace which followed him to his glorious urne , might still blesse these our times ! ò how contrary are these mild words to the unnaturall suggestions of antipuritans ! such as daily accuse all good men for precisians , and all precise men for puritans , and all puritans for the onely firebrands of the world , thus aiming the king against his subjects , and by consequence raising subjects against the king ; puritans here are described both what they are , and what they are not , the king had been misinterpreted before , writing generally of puritans , now to avoid all mistake , he expresses himselfe plainely and definitely . a puritan positively in king iames his sense , is he which imitates anabaptists in rebellion , turbulence and opposition to law , and such are liable to law ; but negatively a puritan in the acception of king iames , is not he which dislikes episcopacie , or the ceremonious discipline of england . this king iames protests upon his honour , though to his great dishonour he be now often cited to the contrary . as for those which rellish not bishops and ceremonies or the english policie , wishes them to be at peace only with those of the opposite opinion , hee himselfe vowing equall love and honour to the grave , and learned of either side , and not taking upon him to be a judge in so old and difficult a controversie ; he onely like a sweet arbitrator perswades both parties to peace and amity . i wish our bishops would now stand to this arbitration , i wish they would neither condemne the scots discipline , nor urge the english ; i wish they would put difference betweene seditious and scrupulous puritans , and not inferre the one out of the other ; i wish they would either disclaime king iames as a manifest favourer of puritans , or else imitate him in the same definition , and opinion of them . king iames further takes notice , that the reformation in scotland was far more disorderly , then in england , denmark &c. whilst the mayne affaires there were unduly carried by popular tumults , and by some fiery-spirited ministers , which having gotten the guiding of the multitude , and finding the relish of government sweet , did fancie to themselves a democratick forme of policy , wherein they were likely to be tribuni plebis . that the crown might be disincombred of these usurping ring-leaders , the king advises the prince to entertaine and advance godly , learned , and modest ministers , promoting them to bishopricks , but restrayning them heedfully from pride , ambition , and avarice . these things then are hence observable . first , scotland differs from england in turbulent ministers : secondly , this is imputed to the iniquity of the times , not to puritanisme , as if by nature the scots were more inclining to puritanisme then other nations . thirdly , notwithstanding that iniquity of those times , there was a number sufficient of worthy ministers fit for preferrement . fourthly , king iames erects bishops sees in scotland for peculiar reasons , and therefore he speaks not of denmarke , &c. lastly , notwithstanding that peculiar reason , he advises the prince to be indifferently at warre with both extreams alike , as well to represse papall bishops , as to curbe proud puritans . for ( sayes the king ) the naturall sicknesses which have ever troubled and beene the decay of all churches since the beginning changing the candlesticke from one to another , have beene pride , ambition , and avarice : and these wrought the overthrow of the romish church in divers countreys . king iames knew well how apt churchmen had ever beene to abuse their power and pompe , what enemies the high-priests had beene to our saviour , and what a tyranny bishops had erected over all christendome ever since constantine almost , and therefore though he dislikes a democracie in the church , ( as hee had reason ) yet hee so limits and circumscribes his bishops both in power and honour , that they might be as sensible of their chaines and fetters , as of their miters and crosiers . i wish king iames had particularly signified what bonds and bounds hee thought fit to prefixe to episcopacie , to preserve it from corruption , and what his opinion was of a prelacie so active in secular affaires as ours is now in england , and how it would have pleased him to see a metropolitan amongst protestants almost a rivall to the french cardinall . the world , in my opinion , hath little reason to doate upon a gowned empire , wee have all smarted long enough under it , men of meane birth commonly beare preferment with little moderation , and their breeding having beene soft and effeminate , in their malice and cruelty they neerest of all approach to the nature of women : and by the advantage of learning they extend their power , and win upon others more then they ought . when the church was at first under heathen , or jewish governours , which sought as enemies to ruine it , not as fathers to protect it , they which were within could not live in peace and unity without some politicall bonds , so at that time there was a necessity of some coercive power within , besides that which was without . the world is now unsatisfied what kinde of power that was , whether episcopall or presbyteriall , or what episcopacy , or presbytery was in those dayes . yet me thinks what government so ever then was , it is not necessarily precedentary to us now . the episcopall faction at this day takes advantage by the abuses of the presbyteriall , and the presbyteriall by the episcopall , and most men thinke either the one power or the other necessary , and some more favour the episcopall as k. iames , some the presbyteriall as m. calvin ; but sure the presbyteriall is lesse offensive then the episcopall , and yet neither the one nor other of necessity . kings may grant usuram quandam jurisdictionis either to bishops or elders , but the jurisdiction it selfe is their owne property , from which they ought not to depart , nor can without wrong to their charge committed to them . for the power which god gives the prince , is not given for his use alone , but for the peoples benefit , so that since he cannot let it fall to decay without making it insufficient for good and entire government which is mischievous to the people , he cannot justly lessen it at all . and it is manifest that except one supreme head be alone in all causes as well ecclesiasticall as civill , humane nature must needs be destitute of those remedies which are necessary for its conservation , since power cannot be divided , but it must be diminished to him which suffers that division , and being diminished it proves insufficient . all confesse some government necessary for men in holy orders , to whom the power of the keyes belongs , but some account princes but as meere temporall or lay persons , and therefore conclude against their authority over sacred ecclesiasticall persons as incompetent , especially in cases meerely ecclesiasticall . for this cause spirituall governours have ever beene in the church to whom some have attributed a divine right depending from none but god , and subordinate to none but god , but this hath beene controverted by others , and no little debate and strife hath followed hereupon . but it seemes to me , that princes do receive from god a spirituall unction , whereby not onely their persons are dignified , and their hearts prepared and enlarged with divine graces fit for rule ; but their functions also innobled and sanctified above any other whatsoever , and higher advanced then the sense of laick or secular will beare . to princes an assistance of counsell is requisite in spirituall as in civill affaires , but that , that counsaile ought to bee composed onely of persons ecclesiasticall , or that those persons ought to bee invested with all those ensignes of honour and authority which our bishops now claime as of divine right , seemes not necessary . clergy-men are not alwayes the most knowing in all ecclesiasticall cases , neither are they at all indifferent and impartiall , in many which concerne their owne honour and profit , ( as the world feeles to his regret ) therefore for jurisdiction they are not the most competent . but be they of what use soever , they may still remaine subordinate , and at the princes election , and admitted of ad consilium solum , not ad consensum , and it had beene happy for all christians these many hundred yeares by past if they had not been further hearkned to . the sacerdotall function is not at all disparaged by this subordination , for whether the order of princes be more sacred then that of bishops , or not , it is all one to priests , for an obedience they owe , and must pay , be it to the one order or the other . our bishops at this day stand much upon their divine right of jurisdiction , and they refer their style to the providence of god immediatly , not to the grace of the king : and though in words they acknowledge a supremacie of power to remain to the king ; yet indeed i thinke they mean rather a priority of order . whatsoever supremacie they meane , if it be not such as makes them meerely subordinate , and dependent , so that the king may limit , alter , or extinguish their jurisdiction , as far as he may to his civill judges , they derogate much from his kingly office . bishops for their claime of jurisdiction ought to prove that they alone did exercise it over all in all causes from our saviours dayes , till the entrance of christian princes : and that being cleared , they must further prove , that those times also are leading , and precedentary to ours . in both these their proofes are lame , especially in the latter ; for neither is the power of the keyes the same thing as iurisdiction , nor is jurisdiction now as it was in the apostles dayes , nor is the state of the times now the same as then . in those dayes either christians were to implead one another before infidel magistrats whatsoever the case were , criminall or civill , spirituall or temporall , or else they were to erect some tribunall in the church , or else they were to await no justice at all : and because some judicature within the church was most fit , therfore christ himselfe according to the exigence of those times , did endow his church with a divine oeconomy , which was partly miraculous , and of use then but not now . the spirit of god did then internally incite such and such men at such times to reside and preside in such & such places ; and some of the apostles at some times could judge by inspiration without proofs and allegations , and could execute sentence of death or other spirituall punishment upon secret hypocrites , not intrenching upon temporall authority , but in these times this discipline is uselesse , and therefore decayed . whatsoever the offence then was , what injury or trespasse soever betwixt brother and brother , the onely remedy was dic ecclesiae , and yet that precept serves as strong for temporall as spirituall trespasses , so that it cannot be enforced now to continue , unlesse wee meane to drowne all temporall authority . as for the extent also of spirituall power in those dayes , i will onely cite a learned politician of the popish religion : who admitting ( it seemed ) that the keyes of heaven were given to saint peter alone , and his successours , and not to all bishops and ministers whatsoever thus proceeds . by the keyes given to s. peter many holy fathers mean , the one of knowledge , and the other of power , and that that power ought not to be understood universally , but only concerning the kingdome of heaven which is spirituall : for the civill , royall , and temporall power is expresly forbidden him by christ . even so that also of knowledge , it is not to be understood of naturall , politike , or morall things , but as saint paul saith , of christs mysteries only . wherefore in matters of faith ecclesiasticall authority may approve , and secular cannot condemne , but in matters of policy what all the prelates in the world approve , temporall authority may condemne . it is a great wrong to pretend , because christ hath given saint peter the cognizance and power of the kingdome , and forbidden him the earthly , contrary to this precept , to extend spirituall things to temporall . saint augustine often saith , that grace doth not destroy any thing in nature , but leaveth her all her owne ; adding moreover divine perfection . the temporality hath of its owne nature , power to forbid all things repugnant to publike quietnesse and honesty ; and christ came not to take away this authority from magistrates , he onely addes power to his ministers in matters of faith , not knowne by nature , but revelation . for ought wee know , this power of opening or shutting heaven , of binding and loosing sinnes was miraculous , and so but temporary : but admit it in this catholike writers sense , yet we plainly see , it is no prejudice at all to limit secular princes thereby . the same learned papist writes : that the easterne and westerne churches continued in unity and charity for the space of nine hundred yeares after christ , and this peace was easily kept , because the supreme power was then in the canons , to which all churches acknowledged themselves equally subject . ecclesiasticall discipline was then severely maintained in each country by its owne prelates , not arbitrarily , but absolutely according to canonicall rigour , none of them intermedling in anothers government . no pope of rome did pretend to conferre benefices in other bishops diocesses , or to get money out of others by way of dispensations and buls : but when rome began to shake off all subjection to canons , then notwithstanding any ancient order of the fathers , councels , or apostles themselves , in stead of her ancient primacy she brought in an absolute dominion , free from any law or canon , and this made the division . neither could any re-union bee brought to passe within these yeares , because this abuse which caused the division is not remedied . whilst the union held , saint pauls doctrine was joyntly observed , that every one should be subject to princes , no man pretended to be free from punishment . nay , and after the division , the same opinion remained , that every christian in temporall businesses is subject to the prince . and nothing is more temporall then offence , because nothing is more contrary to the spirit . amongst the greeks also it is still held that bishops ought to judge what opinion is sound , what hereticall , but to punish those of hurtfull opinions belongeth to the secular . the state of venice , as well as other catholike kingdomes , walks between two extreams , betweene protestants , which have no other ayme but to diminish ecclesiasticall authority , and the court of rome which hath no other aime , but to encrease it , and to make the temporall her servant . those of the court of rome , making use of religion for worldly ends and respects under a spirituall pretense , but with an ambitious end and desire of worldly wealth and honour would free themselves from obedience due to the prince , and take away the love and reverence due by the people to draw it to themselves . to bring these things to passe , they have newly invented a doctrine that talks of nothing but ecclesiasticall greatnesse , liberty , immunity , and jurisdiction . this doctrine was unheard of , till about the year , then it began to be written scatteringly in some books , but till , there were not written above two bookes which treated of nothing else ; after this such writers increased a little , but after , there were scarce any bookes printed in italy , but in diminution of secular authority and exaltation of the ecclesiasticall : and now the people have scarce any other bookes to read , nor have the confessors any other doctrine , or need any other learning . hence comes this perverse opinion , that magistracy is a humane invention , and to be obeyed for policy onely , not for conscience : but that every intimation of ecclesiasticall persons is equivolent to a divine precept ; there want not in italy , pious , learned men which hold the contrary , but they are not suffered to write , or print . neither are forraine books permitted , or ancient authours left ungelded of all which serves for temporall authority : as appears by a book printed , called index expurgatorius : and clement the eighth in , published a rule in his index , that all catholike writers bookes since , might be corrected not only by expunging but also by interlining , and this hath beene practised though not publikely above seventy yeares . thus we finde the court of romes , but not the authors meaning , and finally , wee are sure to have no book true . i have hitherto cited this egregious politician , for these purposes . first , that we may see how easie it is for clergie-men to wrest all authority out of the temporalties hands , if princes will be so easie to be hood-winkt , and deluded by them , and to resigne their judgements to them in such cases as concern their profit and advancement . secondly , that we may take notice how far the learnedst of papists themselves doe discover , and detect the errours and tyranny of the court of rome , and that mysticall way of deceiving , whereby all hope of remedy is cut off . i observe this also the rather because our prelates in england at this day assume to themselves almost as vast and unquestionable a power of stifling and repressing all adverse disputes , and of authorizing and publishing all arguments whatsoever favouring their cause , as the court of rome does . thirdly , that i might produce the same author against himselfe in those points wherein he taxes protestants . wee will yeeld that for the space of nine hundred yeeres the see of rome did not usurpe over other sees , but did acknowledge equall subjection to the canons , and that the division and separation of the easterne churches happened when rome arrogated above canons ; but withall we must have it yeelded to us , that those canons had been composed only by clergy-men , and that in too much favour of clergy-men , and too much abridgement of temporall rights and priviledges , and that they did concerne matters more then meerely spirituall , and speculative , and things known by meere revelation . so that though one prelate did not usurpe over another , yet all prelates had usurped over the laity from the times of constantine almost . it is true , the church had bishops before in its times of persecution , but of what power or pompe ? it is said of calvin , that in regard of his sway in geneva , he wanted nothing but the name of bishop ; and it may be as truly said of the bishops before constantine , that they wanted all but the name . the power of bishops before the installment of christian princes , was rather like that of arbitrators then of judges , and that held in all cases alike , civill and spirituall , but in case of disobedience they did not intrench so farre upon the lay power , as to inflict any pecuniary , or corporall punishment , but they did deny the sacrament , and eject delinquents out of the congregation , and this was then an abscission from christ , being done clave non errante : that is , whilst god did inspire ( according to his promise ) a miraculous power of binding and loosing infallibly . the priestly function was then an office , not a jurisdiction , of sacred dignity , not power : but the function of a prince was ever sacred both for honour and power , for dignity and command . constantine the great was the first prince which tooke upon him the care and protection of the church , after that it had suffered contempt and poverty for yeares : and now did even that authority and protection cease , and devolve into his hands , which the poore persecuted bishops had but feebly managed before ; but such was the extraordinary indulgence of this pious emperour , as well to religious persons , as to religion it selfe , that taking little notice what the church had gain'd by him as its head and governour , he heaped up greater titles and honors upon bishops , archbishops , patriarchs , and popes , as if some other supreme ruler more sacred and competent then himselfe were necessary . neverthelesse it is thought , that this was as poyson poured into the church , and not balme , for from that very time clergy-men began to be more glorious , but lesse gracious , more rich outwardly , but more poore , and vile inwardly . within a little space after constantine there was just cause of complaint that excessive honours had corrupted the church , and that religion had prospered better in former times , when it had wooden chalices and golden priests , then now , when it had golden chalices , but wooden priests . it is remarkable also , that soon after constantine the temporall power being too much restrained , and abased , and the spirituall as much inlarged and exalted , the whole face of christendome began to be imbroyled with wars , and poysoned with heresies , so that the historians of those times have almost nothing else to write of but the forcible investing and devesting by armes of such bishops and patriarchs , and of the oppositions of such and such councels and synods , and of the appeals , iars , schismes , excommunications , and commotions of such , and such priests , and monks . nay , such were the ill effects of those ages , which were certainly more zealous then politike , that they cannot yet be wholly rectified , and purged in these our latter times , which are growne too too contrary , being more politike then zealous : thus did the church fare for . yeares till the romane bishops began to empire above all , and then did the greatest part of the clergie themselves , especially east from italy , make their departure and separation . neither did the romish vice-god after this great rent and division in the world hang his head for shame , or seeke any re-union by letting fall his pompous , painted plumes , but audaciates himselfe rather to mount higher yet , and to detrude the western emperour quite out of the bounds of italy . and in this , his industry failes him not , for after much bloud-shed in many cruell conflicts hee gaines in italy a temporall , and in all europe besides a spirituall monarchy , making a triple mitre shine as gloriously upon the seven-hilled city , as the diadem had done before . during his warres with the emperour of germany , he had other contestations also with england , and some other potentates at sometimes , but all dismaid him not , only once he was heard to say , it was time for him to compound with the dragon , that he might crush the lesser adders at his pleasure . yet after this even this holy tyranny growes too insolent and insufferable , and so conspires its owne dissolution , so that many countries in the north-west parts lying more remote from rome , quite revolt from her allegeance , and protest against her . amongst those other countries also lesse distant , which still in words confesse her supremacy , her reigne is now but little more then precarious : venice regards not buls and anathemaes , france disdaines a yonger brothers benediction , and spaine being honoured with the title of the popes eldest son , confesses him a father but imployes him as a chaplain , gives verball , but reapes reall honours by him . augustus having cashiered an unworthy commander , gave him leave to say , that hee had cashiered augustus : and so the popes great sonnes shake off his yoke by degrees , but conceale it , and give him leave to doe the like . it is now very good policy in the pope , not to pretend to temporall things as they stand in ordine , or have relation to spirituall things , but rather to relinquish his right to spirituall things , as they stand in order to temporall : it is eminent wisedome in him to forbeare threatning , roaring , cursing , and sending his ridiculous epigrams , out of his owne territories : as he was wont to doe : nay , his very last refuge of sending forth his poysoning and stabbing ministers cannot remaine in season much longer . but to returne to our learned statesman : as hee justly taxes the court of rome , so hee unjustly taxes protestants of the contrary extreme , and this will appeare out of his owne words . for he grants , first that the secular magistrates have nothing diminished of their authority by christs comming ▪ and it is cleare that princes were absolute governours of the church before christ both in spirituall and temporall cases . in the next place he yeelds , that the power and knowledge of clergy-men , called the power of the keyes , is no other but such as christ infuses in meere supernaturall things , knowne onely by faith and revelation , not by any physicall , or ethicall principles ; but it is easily proved by us , that such power can extend to no proper jurisdiction at all in humane affaires , but is a meere speculative notion , and such we deny not . thirdly , hee yeelds that in jurisdiction there bee three things distinct . first , matter of law . secondly , matter of fact . thirdly , matter of execution : whereby retribution is made to every fact according to law . the first of these , and that in spirituall cases alone being tryable by clergy-men only . admit this and nothing followes , but that things meerely spirituall , are best knowne to spirituall persons , there is no power here concluded . as for example . in case of heresie , that i hold such an opinion , must appeare by witnesses and proofes , and herein all kindes of witnesses besides clergy-men are competent . next , that this opinion is hereticall , requires the judgement of ecclesiasticall persons , but it does not follow , if they be the fittest judges herein , that they must bee the supreme judges herein , and not as well dependent and subordinate as our civill judges are in common actions . but in the last place , that such an hereticall opinion , so dangerous and pestilent to the church and common-wealth ought to bee corrected or eradicated by such coercive force , and the raising of that force whereby it is to be punished , is in the judgement , and in the power of the supreme magistrate , for two magistrates cannot have a supreme power of the same sword . either the secular must command the ecclesiasticall , or the ecclesiasticall must command the secular , as to coercive power , or a worse confusion then either must needs follow . so then , it is the execution of justice alone , which is essentiall to the supreme governour , matter of law requires a counsellour , matter of fact a witnesse , matter of execution alone intimates a prince , and that principality cannot bee divided betwixt two persons of a severall nature . from hence then it appeares plainely that no catholike differing from the court of rome ascribes more to clergy-men , then this first poynt of adjudging according to the law of god in things divine ; and this implyes rather a dependent , then an independent condition in the judge : and in this protestants joyne with full consent . but all this while i finde my selfe in a digression : my scope is not to proove that protestants doe attribute sufficient to priests , it lies upon mee to prove that they attribute too much to them , and herein i am to undertake not onely the episcopall , but the presbyteriall side also , not onely protestant prelates , but even master calvin that great antiprelate also . divines have much trumped the world hitherto in not setting forth the true bounds and limits of ecclesiasticall jurisdiction , but if i mistake not , the first power ( which they claime as most essentiall ) they take to be the power of the keyes , though they define not certainly , what that is , whether a power , or office ; or to whom belonging , or of what extent , and continuance . the second power which they insist upon , as next issuing out of the power of the keyes , is in excommunication , ordination of ministers , exposition of scriptures , &c. the third and more remote kinde of causes wherein they challenge an ecclesiasticall power , is of such as concerne matrimonie , testaments , heresies , fasts , tythes , and immunities of clergy-men , &c. and further doubtlesse they would proceed , but that these savour so much of the temporality , and discover their trumpery ; but i have said , if in all these cases clergy-men are necessarily more knowing and impartiall then all men else , there is necessity of their counsell to declare matter of law , but not of their consent in applying coercive , and forcible remedies for the execution of law . i have said also that clergie-men being as well citizens of the common-wealth , as sonnes of the church , and these cases importing as well perturbance of the state , annoyance to the church , that there can be but one head which ought to have command over both , and in both . it is manifest also that many cases are partly temporall , and partly spirituall , and that scarce any is so temporall , but that it relates in some order to spirituall things , or any so spirituall , but that it hath some relation to temporall things , so that the true subject of ecclesiasticall and civill justice cannot rightly be divided . further , also it is as manifest that where any doubt , strife , or uncertainty may arise betweene one jurisdiction and another , neither acknowledging any supreme power of decision , no assured peace can continue , and by consequence no stability or permanent subsistence to either , is to be expected . it is naturall therefore to be inferred , that either the temporall or the ecclesiasticall magistrate must be in all cases absolutely predominant , and that since the ecclesiasticall ought not by christs owne command , therefore the temporall ought , as hath been further proved by sundry arguments , and scripture proofes alledged out of this famous politician . so much of the temporall power , and its necessary supremacie : my endevour shall be now to maintain that no ecclesiasticall power is at all necessary in meere ecclesiasticall persons . master calvin according to the popish grounds maintains , that spirituall jurisdiction differs from temporall , and is not incompatible but assistant thereto , because it proposes not the same ends , but severall , which by severall meanes may be the better compassed . but the spirituall magistrate ( as i conceive ) can propose no other end , then what the secular ought to ayme at , for either the prince ought to have no care at all of the honour of god , and the good of men , and that which is the prime meane of both , true religion , or else his ends must bee the same which the prelate aymes at , viz. to vindicate religion by removing and correcting scandalous offenders . secondly , to preserve the innocent from contagion by the separation of open offenders . thirdly , to prevent further obduration , or to procure the amendment of such as have transgressed by wholsome chastisement . this is beyond all controversie , as also that the person and power of a prince , are as sacred to effect these ends , as the prelates : and certainly , god did not so sanctifie their persons and offices for any lesse end . and therefore in ancient times holy bishops did preach and recommend nothing more to princes then the care of religion , though proud prelates now arrogate this onely to themselves , and though it be still apparant , that no offence is so spirituall , but that it is a civill evill , as well as a blemish to religion : forsomuch as true religion is the foundation of a state . and this could not bee , neither were princes answerable to god for the corruption of religion , if god had not given them a supreme power , and that effectuall to bring all offenders whatsoever to confession , satisfaction and contrition , or to expell them the congregation by themselves , or their surrogates . master calvin instances in adultery and drunkennesse , &c. and sayes , that the temporall power punishes these by externall force , and for publicke examples sake , as it concernes the state , but the spirituall iudge punishes them without force internally for the amendment of the delinquent . hee might as well have named swearing , lying , stealing , murdering , and all sinnes whatsoever , and so have made all men twice punishable , and the ecclesiasticall courts as full of businesse as the temporall to the great vexation of the state , and danger of division , out of this false ground onely that temporall power hath not a competence for the amendment of offenders , or for the care of religion , but only for the satisfaction of wronged parties , and the expedition of civill justice . this is a way to erect regnum in regno , and to maintaine such concurrent jurisdictions , as cannot possibly stand together , for all being subject to sin and offence , as well the spirituall as temporal , either the one or other must go unquestioned , and this may produce division , or else both ; and that will cause most certaine confusion . both sides here seem strangely puzled , the rigidest of the episcopall faction allow princes a coercive power over priests , and prelats , where they performe not what their duty is in their functions or jurisdictions , and this power requires a higher power of summoning , arraigning , and legally trying them : and yet the moderatest of the presbyteriall faction would have princes questionable , tryable and punishable by the spiritualty . this is a grosse confusion , which will appeare to be so more plainly in the sequel ; when it is more fully cleared , that to princes alone god has precisely committed utramque tubam , and utramque tabulam too , as our reverend andrews says . 't is true , as calvin alleadges , princes are sons of the church , they are in it , not above it : the word intending the church universall , such as is both militant and triumphant ; past , present , and future ; for that hath no other head but christ : to that all princes and priests are equally sons : but take church for such or such a nationall , locall church , and then the prince is head thereof , under christ ; and the clergy are part of his charge , and under his protection . the same man also may in diverse respects be both father and son to the same man without confusion of relations . a king , a bishop may heare the word , and receive the sacrament from an inferiour minister ; a subject may be naturall father to his prince , and in this respect , a filiall subjection is due from the superiour , and so a king may referre his own case to his chancellor , yet this destroyes not the greater , higher , and more generall superiority in other things , at other times . and to me it seemes that even in the exercise of the keys , the priest officiates under the prince , as the chancellour does in matters of law , even when the kings own case lyes in iudgement before him , and when perhaps hee makes a decree against his own master , and contrary to his owne masters private advertisement : and yet the king is not properly either lawyer or theologue , though both are actuated , and organized as it were , by the soule like commanding , over-seeing , and over-ruling of his more sublime and divine power . herein the priest also may learne a limitation from the lawyer , for though the iudge bee bound to pronounce right iudgement against his owne master , yet this holds not in all cases alike ; because of his limitted condition , for in criminall cases such as concerne the safety of the kings own person , or the royall dignity of his calling , therein iudgement must be utterly mute . and therefore it is a weake argument of master calvin , though it be his best : when he inferres a necessity of an ecclesiasticall iudicature from hence , because else the prince himselfe wanting punishment , should escape free : for the reason is the same in matters of law ; the king is not questionable , or responsible , for personall crimes , and yet this is held no politicall mischiefe . besides if the prince shall not go unquestioned , or undisciplined by the spirituall , yet the supreme spirituall magistrate must , and this is an equall , if not a greater mischiefe : for both cannot be equally lyable to the judgement of each other . neither is it to much purpose that the example of bishop ambrose so harshly , so unreverendly treating pious penitent theodosius , is so confidently cited always by either faction episcopall and presbyteriall ; for though the name of ambrose be great , yet i will crave leave to speake as an advocate against him in the name of the emperour theodosius . reverend sir , you take upon you to be a iudge over me , and to condemne me of a bloudy massacre committed unjustly at thessalonica , and being so condemned , you proceed against mee with your ghostly punishment , subjecting me to your ecclesiasticall severity : but i pray consider what mischiefes may follow hereupon ; if emperours may be punishable by bishops , then common equity requires that emperors have the benefit of a faire hearing and arraignment , or else were their condition more miserable than the condition of the meanest vassals : for as princes actions are more inscrutible , and their counsels more mysticall ; so also their ends are for the most part more lyable to envy , and mis-interpretation : it is not possible for you without due discussion , inquiry , and examination of impartiall witnesses , perfectly to understand all the true circumstances , reasons , and grounds of this my fa●● ; and without this understanding it is not possible for you to pronounce a just censure against me . it 's necessary then that some tribunall be prepared for you , and some barre for me , that upright sentence may passe , and that iustice may be done understandingly , and upon this it must needs follow that i am your meere subject , and must lay down my scepter to bow my selfe under your crosier , till this difficulty be fully ended . admit this also , and then you may use what procrastination you please in this intricate decision ; or in the like manner question mee of all other enormities , and scandalous deviations , which rumor , envy , or treason it selfe forges against me ; and thus shall i have no leasure to judge other men , it will be scarce possible for me to acquit my selfe in judgment from other men : that power which god hath put into my hands for the protection of so many myriads , will be utterly disabled by that higher power which is put into your hands over me . by the same reason also that i am to render an account to you in this place , i am to render the like to all your superiours , equals , or inferiours in other jurisdictions , of all sins whatsoever , whether reall , or imputable , ecclesiasticall , or civil , so that no end is like to be of my tryals , purgations , or condemnations . you will say , my crime is sensibly evident ; if i would deny this , you could not prove it so ; and if i would not confesse this , you could not force me , for it was a politicall thing , and farre off acted : and my meere confession can give to you no iurisdiction . but be my crime as manifest in it selfe as the disobedience of saul was to samuel , or as davids murther was to nathan , or as salomons incontinence was to all the world , or as manasses his idolatry : yet why should i suffer more than they ? what new coercive , vindicative authority have priests gained over princes by christs gospel , which the iewish priests never used , claymed , or heard of ? if excommunication , &c. be now necessary , sure it was in use before christ ; and then we should have heard of some kings excommunicated , &c. by some priests ; for if the temporall power had not of its owne nature a competent force and habitude to restraine all things repugnant to publique quietnesse , and honesty , a spirituall power was necessary ; and yet we read of none such . but if there was a sufficiency in the temporall power , as is most manifestly apparent ; then wee cannot imagine that christ came to take away any of this authority from magistrates : but that power which he added , was rather an excellency of grace and vertue in matters of faith , and illumination . it cannot be alleadged by you , that that punishment is meerely spirituall , and so no politicall evill : for as it puts other men into the condition of publicans , heathens , and worse ; so it further yet degrades , disables and oppresses princes . how shall he be honored and obeyed as the vicegerent of god in all causes , whom the layty sees ejected out of the church , and expelled out of the communion of the faithfull , as a rotten contagious member ? how shall hee be held more sacred than a priest , whom the sentence , interdiction , and the confounding blow of a priests spiritual execration , shall render so contemptible , miserable and abominable in the eyes of the world ? saint paul being accused in matters of doctrine , made his appeale to a wicked heathen emperor ; and yet now a christian godly emperor being accused by any church-man , no appeale is allowed , though in meere civill accusations . s. peters keyes did either induce some new power not before known unto the world , or not ; if it did , then our saviours gospell came into the world to the detriment of civill government , which is contrary to religion , and all reason : and if no new addition of power were imported , then tiberius himselfe , though a heathen , and tyrant , remained as absolute as before ; and yet in his time there was more necessity of an ecclesiasticall judicature , than is now . but you will say , if princes be not subject to some chastisement , then some scandals must passe unremediable . not so , for here god is the revenger , and strikes often , as he did vzziah ; but if not , yet either the temporall or spirituall governour must passe unchastiz'd , which is all one ; for two supreames cannot be , nor no entire government without some supremacy , nor no supremacy without immunity , and exemption from judgement . the perpetuall conflicts and contestations betweene princes and prelats , which are likely to ensue , will soone cleere this ; that either princes must at last submit to the tribunals of church-men , and raigne at their discretion ; or else church-men must submit to them : for both tribunals cannot stand compatible . for my part , i excuse so grave a father as you are , of ambition herein ; and therfore i am the lesse cautious in summiting my selfe at this time : but i conceive this doctrine may bee the ground of dangerous consequences to others , and therefore i desire it may not from mee passe into a president for the time to come . let not proud prelates from this my voluntary humiliation , arrogate to themselves as if it had been due ; or derogate thereby from the more sacred order of princes : neither let princes from this particular learne to yeeld to any spirituall monarchy whatsoever . my beliefe is , that the prince is the head , the fountaine , the soule of all power whatsoever , spirituall , or temporall ; wherein he ought not to indure at all any kind of rivality of ecclesiasticall persons , nor can admit of any diminution in any part of his iurisdiction , without offence to god , dammage to his charge , and danger to himselfe . so much for theodosius , and so much for that iurisdiction , which is due to prelats : i should now speake of the exercise thereof , as it is granted by the favour of princes , but this is a very tender point . it seemes to some , that princes ought not to incumber men in sacred orders , in any kind of judicature which is not purely spirituall ; nor that prelates can accept of any temporall imployment whatsoever , without dishonour to their orders , and neglect to their cure of soules : and yet now none so greedy of such imployment . a sacred place may not be put to secular uses , that 's prophane : but a sacred person may , that 's honorable . a bishoprick now adayes is but a writ of ease , to dismisse from preaching , and attending gods service ; whereby the man is preferred from the church to the court , from the altar to some tribunall , from gods spirituall to the kings temporall affaires . in the high commission , at the councell table , in the star-chamber , and the chequer , church-men are now more active than in their own consistories , and yet their ambition further aimes ( as 't is said ) to the chancery , court of requests , &c. which could not chuse but redound to the scandall of religion , the obstruction of iustice , and vexation of the subject : if there were not learned and skilful men enough in policy and law to serve the king , unlesse divinity were deprived of some of her followers , there were some seeming umbrage why the king might borrow of god ; as in the shady times of popery it was usuall : when all learning was as it were ingrossed by the clergy , and purloyned from the layty : but when the clouds of universall ignorance are now dispelled as well from the layty as clergy ; now the clergy are not so necessary in temporall affaires , unlesse we judge it fit that gods more holy offices should be neglected , for this purpose only , that the kings meaner businesse may be worse administred . the functions of divines are too sacred for any secular person to officiate , and therefore it should seeme , their persons also ought to be too sacred for secular functions ; for it seemes prepostrous , that it should be thought an honour to priests to relinquish spirituall , and adhere to temporall imployments . nic. machiavell did observe that christian religion had long since falne to the ground , had not the regular strictnesse of poore inferiour priests and pryers held , and propped up the reputation of it in the world , as much as the pride and luxury of the great cardinals , and princelike bishops , did strive to sinke and demolish it . the same observation holds true amongst us protestants at this day , for the more our prelats enjoy , the more still they seeke ; and all our three kingdomes are growne so sick of their pride , injustice , and pragmaticall faction , that scarce any remedy but bloud-letting can cure them . wee finde in scripture the most high and holy offices of religion performed by princes , even amongst , and above the greatest of priests ; but wee scarce finde any instance at all where priests intermedled with any state affaires , either above , or under princes : and yet with us now the imploying and entrusting of clergy-men in temporall businesses , is held as politique as it was in times of popery : although no time could ever justly boast of that use . but to passe over temporall businesses , how violent have our bishops beene in their own canons about ceremonies , and indifferencies ? and what disturbance hath that violence produced ? they strive as for the beauty and glory of religion , to bring in the same formes of liturgy , the same posture of the communion-table , the same gesture at the communion , &c. in all our three dominions ; as if uniformity were always beautifull : and yet we see , all men are created with severall faces , voyces , and complexions , without any deformity to the universe . 't is not externall variety , but internall dissention , which spoyles the harmony of religion ; and dissention is more nourished by the harshnesse of pastors over their flocks , especially over the weake ones in scruples , than by permitting various rites and formes in the externall worship of god . certainly , liberty and variety in indifferences , and ceremonies is more favour'd in scripture , than any universall similitude , or rigorous force whatsoever , over the perplexed , anxious consciences of weake men . we see in scotland , where there is no ceremonies , they enjoy that uniformity without contention , which we ayme at only , and seeke to purchase with infinite debate , and persecution ; and under their peace and unity , the protestant religion thrives , and romish superstition utterly ceases : whereas under our strife and disagreement , religion and true devotion is over-run , and overgrown , like corne choaked with weeds . nay , it is thought that if our bishops had been more gentle-handed all this while towards such as dis-relish't ceremonies for poperies sake , and had rather pitied them as men of tender consciences , than persecuted and defamed them , as seditious puritans , these differences had not lasted so long : for when the reformation was not yet fully perfected , the puritans of those dayes were more fiery than now ; but not being so odious in the church , lesse combustion followed thereupon : whereas now they are so unmercifully treated , that no moderate complyance can serve the turne . there seemes now little remaining of puritanisme , but the breathlesse carkasse of it , and yet till that too be interred and consumed , no truce can be admitted . the very sufferings of puritans now are sufficient guilt , and imputed as the effects of their owne malice , their punishment is argument enough for the desert of their punishment ; the more they have borne , the more they must now beare ; and the more they now beare , the more they shall hereafter . fury is one of the maine things objected to puritans ; but in truth , the world has not any thing more furious than such as most pretend against them . hence it is , that the hatred of puritans flowes and descends from the highest of the clergy to the lowest : and young students in the vniversity know it now their wisest course to study the defamation of puritans , as the first and most necessary point of their learning and qualification , and as their surest path to promotion . and to make their detestation sure , and themselves irreconciliable , they must ingage themselves by some notable service of novelty , quarrelling with some point of protestantisme , or refining some point of popery ; they must taxe protestants as some wayes injurious to princes , or extoll papists as zealous observers of antiquity . it must be maintained that royalty cannot stand without the prop of episcopacy , though it never yet found greater enemy ; and that puritanisme only hinders the stretching of our religion , or else papists and we should soon agree . those of vulgar wits which serve not for such straines , that they may bee redeemed from suspicion of puritanisme , must do something factiously , or be vitious , or else their hopes of preferment are almost desperate . charity to papists , conformity to ancient fathers , and decent uniformity amongst our selves , are the specious colours wherewith they dresse and deck all their pretences ; for want of sectaries living in these dayes , they racke out of their tombes hacket , copinger , brown , &c. to upbraid us , for want of opposites enow here in england , they calumniate the scots to our dishonor ; for want of true imputations , they forge any crimes how monstrous soever , and their most sure one is , that which is most undiscernible , hypocrisie . neverthelesse it must be believed that the antipuritan disparages not our ancestors in the reformation , but for love of antiquity ; nor teares in sunder the bonds of religion nature , policy betwixt two the most close-united nations of the world , but out of love to unite : nor fils whole kingdomes with bloud , but out of love to order . such was sure diogenes his humility , trampling upon plato's couches ; such was nero's uniformity , setting on fire the streets of rome ; such was procrustes his symmetry , cutting his guests according to his beds . and therefore it s thought puritans are not so much hated for their opposition to ceremonies , as ceremonies are multiplied , and inforced for suppression of all zealous christians , under the umbrage of puritans : and that for the same purpose the enemies of piety have blown those coales which they might have quenched . hooker that sweet and noble antagonist of ecclesiasticall puritans says much in defence of the churches authority in imposing of ceremonies , but he says nothing in defence of the churches charity in imposing many , and displeasing ceremonies . so s. paul might have justified himselfe , as fitter to be subscribed unto and complyed withall then his scrupulous brother , and he might have justified his case concerning eating of such and such meates : but s. paul in wisdome , and charity , would doe neither . s. paul made not his strength an argument to make his brother yeeld who was weake , but he made his brothers weaknesse an argument whereby to prevaile and win upon him being strong . and why then does our mother the church maintaine her authority against her own scrupulous and tender-minded infants ? if in iustice and rigor they ought to obey her , and conforme to her wise commands ; does it therefore follow that in wisdome and charity she ought not to pity , and preferre their foolish , groundlesse doubts and jealousies ? is it honorable for the nurce to contest about authority with a forward childe , when by indulgence she may better still it ? if ceremonies bee but things indifferent , they are not so valuable , as peace , for that is necessary . admit fit and decent ceremonies to bee the outworkes of religion , the better to secure it from contempt , and prophanation : yet let not the outworks be too vast , least they take up more admiration , than they repulse disregard . neither let us suppose that all times are alike liable to prophanenesse . before moses , religion was very naked and simple in her ceremonies , and yet we must not thinke that god did then make ill provision , or was carelesse of the government of his church ; but under the law , ceremonies were strangely multiplyed to the iews , and that by gods owne appoyntment ; and yet in those times , i cannot thinke that any discipline could bee invented more honorable for religion . i shall desire therefore to walke between two extremes , neither wholy condemning all ceremonies as superstitious , nor embracing many as necessary , besides the ceremonious use of water in baptisme , and of bread and wine in the eucharist ; the gospell recommends no externall rites , but such as the generall rules of decency inclose , to our observation : but it seemes utterly to discountenance all iewish , carnall ordinances ; yet certainly if multiplicity of pompous ceremonies had been very usefull where knowledge abounds , and to be look't upon as the outworks of religion , the gospell would not have been so silent as it is concerning them . were we now to plant a church in the west-indies , amongst rude salvages , perhaps the externall splendour of our worship might bee as convenient as it was amongst the iews to attract proselytes : or had we now such a dreadfull presence of god residing amongst us , as the iews had in their oracle , perhaps musick vocall , and instrumentall , and statelinesse of attire , and fearefulnesse in our gestures , and postures would beseeme us in our solemn addresses and festivall celebrations : but the difference betwixt these times and those , and these christian countreys , and those that are barbarous is very great . what manner of divine service the french protestants and the scots use , and some other nations i cannot tell , but i hope it is not so nasty , and slovenly as some of our formalists would make us believe : for it seemes not impossible to me , but that in times of so much light , as these are , god may be very honourably and zealously served without many stately ceremonies . the bishop of downe makes a very sharpe speech to the puritans in ireland , as being very disobedient , and animated therein by the scotish covenanters ; but his chiefest eloquence is uttered against his own countreymen the scots , whom bee paints forth , as the chiefest traytors , perjured rebels , heretiques and hypocrites in the world : nay , he denounceth them worse than anabatists , and such as have more than justified the powder-traytors , and all the rebellious practises of the iesuites . afterwards hee addes also , that puritanisme is not the nationall sin of scotland only , but that they of the same faction in england had been as deep in the same condemnation , had they had so much power . see here the lively portraiture of an antipuritane , see a true b●ner revived againe , but in protestant habit ; and for ought i see , here are none exempted from this black venomous censure in all the kings dominions , but those of the popish and episcopall faction . it 's not to bee wondred at that the king thinkes ill of his subjects , or that burton or prin suffered worse than traytors merits . it s rather to be wondred at , that our streets do not runne with bloud dayly , since this is the gospell our reverend fathers of the church preach . this speech was thought worthy to bee dispersed in print over all our kingdomes in english ; but since , because it redounds so much to the honour of the three nations , and the repute of protestant religion , it s translated into latine , and coppies are printed for all christendome to take notice of . in this speech it s urged , that puritans , who began about yeares since , have proceeded from bad to worse by sixe degrees ; first they did dislike , then contemne bishops ; then they did disobey their jurisdiction ; then separate themselves ; then they fell into the heresie of holding no difference between bishop and presbyter : lastly , they rebelled , and grew more immoderate than anabaptists : and here s. cyprian is alledged , who says , that the contempt of bishops is the beginning and ground of all heresies and schismes . here we see what puritans are , the most cursed miscreants on earth ; next we see who puritans are , all such as hold not with episcopacy : that is in probability halfe ireland , more than halfe england , all scotland , and many other protestant countryes . king james did put a difference betwixt such as dis●relisht bishops , and ceremonies meerly , and such as under that pretext fraudulently sought to perturbe the state , and make a factious separation . but here the difference of all puritans is graduall only , not substantiall : for dislike of bishops is the beginning of all heresie , and must needs end in anabaptisme and rebellion . how plainly d●es it here appeare , that episcopacy is the true helena of all this war ; and yet s. cyprian is to bee understood of the pastorall function , not of the ecclesiasticall iurisdiction of a bishop , or else in his sense the genevans , and the greatest part of protestants are heretiques , and king james made a frivolous distinction . such stuffe as this had not mis-beseemed a papist , but it s very odde in a protestant bishop ; except we consider him , as one who hath lookt back towards the onions and flesh-pots of egypt , and is inamored againe upon those glorious titles and ensignes of honour and pompe , which rome confers upon her courtiers . but to conclude this point , i wish princes would not allow such bishops to be carvers to themselves , and make them iudges in cases of their owne interesse : they are surely good spectacles for princes in theologicall deliberations , as temporall counsellors are in state affaires ; but miserable are those princes whose eyes cannot see without such spectacles . if religion did not prosper worse , if peace were not more violated , if persecution were not more common in countreys where bishops governe , than where they are expelled , we might suspect the scots as hereticall and rebellious by nature ; for chusing all the plagues of war rather than bishops : but when we see the contrary , we may as well listen to the scots against bishops , as to bishops against the scots . so much of the ecclesiasticall puritan , next after whom sprung up the puritane in religion , of whom i shall speake very briefly . there are many men amongst us now , which brooke bishops and ceremonies well enough ; and perhaps favourably interpret our late innovations : and yet these may bee too grave to escape the name of puritans . to be a protestant may be allowed , but to dispute against papists , smels of precisenesse : to hold the pope fallible is tollerated , but to hold him antichrist , is abominable puritanisme : to go to church is fashionable , but to complaine of the masse , or to be grieved at the publique countenance of popery , whereby it intwines our religion , and now drinkes up that sap which is scarce afforded to protestantisme , or at all to take notice how farre some of our divines are hereat conniving ▪ if not cooperating , is a symptome of a deepe infected puritan . he that is not moderate in religion , is a puritan , and he that is not a cassandrian , or of father francis synclers faith , is not moderate : he favours too much of calvins grosse learning , exploded now by our finest wits . sir robert cotton professes , that he stands much amazed to behold the magnificence of churches built by our ancestors , we their successors being scarce able to keep up the same : but that hee is farther beside himselfe with exceeding marvaile , when he casts his eyes back upon the excellent ground-worke of religion laid by our fathers in the reformation , and yet sees the same so ill built upon , and so negligently seconded by us their children : but this ( he says ) is not to be attributed to the hanging up of pius . his bull upon the bishop of londons gate , or to that favour which has been shewd to priests , but it is the idlenes , and insufficiency of many of our own teachers , conspiring with the peoples cold zeale , that has wrought this apostacy . the name of recusant was scarce known till the ii. of queen eliz. the marian persequution , being yet fresh in memory , and great zeale being begotten thereby , and the finger-worke of god being so apparent in the suddaine alteration of religion . then did the layty and clergy with holy emulation , strive who should shew themselves most affectionate to the gospell : then were our ministers as frequent in great mens houses , and as active as jesuites now are : then were praying and preaching both equally pretious to great and small . the name of papist smelt then ranke even to themselves , all sorts resorting dayly to church , to avoyd the shame thereof , untill arch-bishop grindals disgrace , and hatfields hard conceit of prophecies , brought the flowing of these good graces to a still water : but when sanders the coripbeus of catholicks had slily pinned the name of puritans upon all such as were most forward in encouraging , and couragious in opposing catholiques , and when he perceived that the word was pleasing to some ill affected of our own side ; he quickly heated some of us beyond the temper of discretion . and now with the crosse tumults of both factions in extreme choler vented in pulpits , and pamphlets , most men grew to be frozen in zeale , and so benummed , that whosever ( as the worthy l. keep. bacon observed ) in those days pretended a little sparke of earnestnesse , seemed red-fire-hot in respect of others . thus it betided protestants , as those which fare the worse for ill neighbours , for whilst they curbe papists , or reproove idle drones , they are incontinently branded with the ignominious name of precisians . see here sir robert cottons iudgement , as touching the occasion and originall of our religious puritans : and see also his censure of the state , as touching the same : for where hee taxes the indiscreete zeale of those who were so violently incensed at sanders his nickname , so maliciously and subtilly fastened upon them there in his margin , his note is this ; if these mens zeale had beene imployed otherwise , and a taske set them to do some good , they might have been reformed , or made harmelesse by diversion . but i passe from this kind of puritan to another , whom i shall call my political puritan ; for the bounds of puritanisme are yet larger , and inclose men of other conditions . some there are yet which perhaps disfavour not at all either ecclesiasticall policy , or moderate papists ; and yet neverthelesse this is not sufficient to acquit them from the name of puritans , if they ascribe any thing to the laws and liberties of this realme , or hold the prerogative royall to be limitable by any law whatsoever . if they hold not against parliaments and with ship-money , they are injurious to kings ; and to be injurious to kings , is proprium quarto modo to a puritane . our present civill , nay more than civill warre with scotland , and all the mischiefes thereon attending , the disaffection between the king and his subjects , and all the mischiefes thereon attending the discontinuance of parliaments , the proper remedies of all state-maladies , and universall grievances , which is a mischiefe whereby all mischiefes become incurable , all are caused by the abusive mistake , and injurious mis-application of this word puritan . the scots are puritans , and therefore enemies to monarchy , the english are puritans , and therefore haters of royall prerogative , both the nations have been hitherto famous for their devout reverence , and obsequious zeale to their princes ; but now puritanisme has infected them , and perverted them to disloyalty . thus is the kings heart alienated from his subjects , and by consequence , the subjects loyalty blunted towards him , to the incomparable , almost irreparable detriment of both : neither is this disaccord b●tween the king and his best subjects , more fatall and pernic●ous to the common-wealth , then his accord with the recusant faction . papists have now gotten the repute of the best subjects , and fittest for trust in places of eminent service ; nay 't is almost necessary that forraine papists be brought in for the supporting of the indangered royalty : for though the popish faction at court be strong and active enough for matter of counsell , yet for matter of force , the puritans in city and countrey be too predominant . the bishop of downe in his visitation speech layes all the calamities of church and common-wealth upon non-conformists , and for proofe thereof instances in the covenanters , whom he charges of rebellion , charging withall that rebellion upon puritanisme . the first thing ( says he ) that made me out of love with that religion , was their injurious dealing with kings , which i observed both in their practice and doctrine . hee taxes first their doctrine , because they deny the kings supremacy in causes ecclesiasticall , and allow subjects to resist , nay and depose their king , if he be a tyrant surely ahab could say little for himselfe , if he could not lay his owne crimes upon elijah ; but see here by what art of confusion all scots are called puritans , and all puritans rebels . king james spoke not so confusedly as if puritanisme were a religion ; and all that disliked bishops and ceremonies were of that religion ; and all of that religion were enemies to kings . if a bishop needed any proofe , it his {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} were not unquestionable , i would desire him to prove all covenanters puritans ; denyers of the kings supremacy : or to instance in any kings which have been deposed or murthred by presbyteriall authority . how far bishops have incroached upon kings , is knowne to all the world : our protestant bishops lately have by oath and canon , combined together to bind the kings hands , though hee bee supreme , that hee shall not governe our church but by arch-bishops , bishops , arch-deacons , &c. and yet these troublers of israel have the face to taxe elijah of their own sinne . presbytery indeed has heretofore passed her bounds , yet not of late , but episcopacy has ever from constantine claimed an independance of divine right , till this instant . i conceive there are not in all the kings dominions , three men , except papists and anabaptists , which hold it lawfull to depose , or by any force to violate the persons of kings , how ill soever . the scotch divines indeed maintaine that a great body of men may defend themselvs against the unjust sword of misled kings , because they cannot fly , or otherwise save themselves ; and this they take now to be their own case ; whereas our court divines in england hold , that in such case , we ought all to yeeld our throats without defence . this seemes unnaturall , and truth was never unnaturall , but i forbeare to dispute a point so horrid to mans imagination . the bishop next instances in the rebellious practices of puritans , & reckons up some fasts in scotland appointed by the presbytery , without king iames his privity , and some other seditious sermons , and actions whereby he was much annoyed . but what ? did not king james know his owne enemies , or how to blame them ? did hee condemne all scots alike , or all bishop haters alike , or joyne the english in like condemnation ? we know well enough , that king james called rebellious precisians pu●itans , but he never called all puritans rebellious precisians ; he never used those termes as conve●tible , but declared his contrary meaning by a manifest difference taken between them . but the bishops maine ●nstance is in the present scotch insurrection ; this he cals a rebellion of puritans , and far greater than the powder-treason : for ( says he ) that plot was but the act of a few discontented gentlemen , but in this rebellion of the puritans they have ingaged a great part of the kingdome , so that this may be said to be the common sin of that sect. what could have beene raked out of hell more slanderous to our religion , more apologeticall for popery ? the powder-traytors are here preferred before the whole sect of puritans : the sin of the powder-traytors was , that they being but an inconsiderable party , sought the destruction of their king and his issue , and the flower of the nobility , gentry , commonalty , and the extirpation of the true religion , by a most diabolical bloudy practice and conspiracy . and it ought not to be charged upon the meere actors , as a symptome of discontent , onely wee know how far the romish religion it selfe favours and gives ground to such damned feats , and how far it has owned some having proved prosperous , and justified the doing thereof in nature as impious , though perhaps in degree not so hainous as this . for take this as it was conspired , and questionlesse , since the crucifying of iesus christ , the light never discovered any treason more ugly and horrible . now to out-match this deed of darknesse , the scotch nation by a strange general unanimity have armed themselves to oppose the ill government of bishops , and other alterations in the service of god , and the administration of iustice , and being invaded therefore by another nation , have used force to defend their lives ; and seeing that defence not safe in their owne countrey , they have since pursued it further by way of prevention in the country of their invaders . that is the greatest act of rebellion whereby the common peace and safety of a kingdome is most disturbed and impeached ; but by the common act of a whole kingdome , that mischiefe cannot be effected : therefore the bishop failes in his politiques when he thinkes that the major part disturbing the minor , is more trayterous , than the contrary . the unanimous act of a whole kingdome ought to bee presumed to bee lesse injurious , and more wise than the act of any small inconsiderable party , for it hath scarce ever been seen that a whole kingdome , or the majority thereof hath ever been treasonable to its selfe in procuring its own ruine . many states have perisht by the machinations of a few ill-affected , ill-advised counsellors , ( scarce ever any perisht otherwise ) but the totall body and collection has never been guilty of its owne ruine : and if it were , such treason could not be so great as that which is plotted by a few . whilst the scots contained themselves within their owne territories , and were considered as a kingdome within themselves , as they were when the bishop past his censure , they were not rightly so censured : neither was he then privy to their intrusions , that they would infest our kingdome with the same combustion , and so prove a disturbance to the greater part of our british monarchy , whereof they themselves are but a member of lesse bulke and value . cursed therefore are those uncharitable exasperating censurers , whereby the king is too far incensed , and by whose rash instigations the commotions themselves become the harder to be appeased . great insurrections are like great fires , wherein delay is mischievous , and small remedies rather turne to fuell , then extinguish : and violent counsell against an inraged multitude , is like oyle , or pitch cast into the flame . the wise politician proportions his remedy according to the mischiefe , if water will not prevaile , he useth milke ; if a little quantity will not suffice , he powres as the combustion it selfe requires . vnfortunate rehoboam stands as a seamarke to warne all princes how to shun this rocke of violent counsell against a people violently inraged and aggrieved . some men have interpreted the designes of the scots to have been treasonable from the beginning , and wholy bent upon the spoyle and havocke of the english nation from their first stirring : others have wholly justified their intentions and proceedings hitherto as defensive only , and inforced by necessity : both these , i conceive , are too rash and head-long in their guesses . in so great a body of men , there must needs be variety of opinions , and its likely contrariety of affections ; and therefore it behoves the king to be the more tender , moderate , and circumspect in his deliberations , as well for the one side as the other , especially since the scots have not evidently and universally as yet declared themselves for the worse . we may at once be charitable in hoping the best , and wise withall in preventing the worst ; nay , a charitable and sweet demeanor , if it be not too fond , may prove a great part of our prevention : doubtlesse rehoboam himselfe , had he not been wilfully devoted to yong , rash , and violent counsellors , might have easily retained within his obedience many of his well-meaning subjects , and reclaimed others of more moderation ; and by that meanes have divided and dissipated the most obstinate , headstrong , and furious of all the rebellious party . some princes thinke themselves bound in honour to do unwise things , and this was the error of rehoboam , his aged counsellours advised him to that which was most politick , concluding that to be most honourable ; but his genius rather led him according to the advise of his young gallants , to conclude that most politick , which to his haughty stomack seemed most honorable : but what was the event ? to avoid the scorn of young men , he incurred the scorn of old men ; to avoid the unjust censure of fooles , he incurred the just censure of wise men ; to gaine the honor of appearing stout , he purchased the dishonour of being rash ; to shew a contempt of danger he made himself a prey to it ; rather then to decline a blow by a gentle bowing of his body , he yeelded himself to be inevitably oppressed by it . at this time of revolt the israelites were not so wicked , as their revolt after made them ; it may be so with the scots , they are yet protestants , and perhaps may be retained so : and who can thinke of protestants , that so great a body of them , can at one fall so desperately tumble into the depth of mischiefe , as to make fasting , praying , oaths and sacraments , meere instruments and traines to commit murther , theft , sacriledge , treason , and the most unnaturall of all crying crimes ? but to returne to our owne nation , and what we suffer by our owne divine . manwarings doctrine is common at court , and 't is not long since a byshops chaplaine in tearme-time , challenged a iudge of treason , for delivering law according to conscience . and this is now no prodigie , for pulpits are not publike enough to preach an unlimitable prerogative in ; 't is fit our learned doctors should mount the benches of iustice also ; there to advance logicke instead of law ; for law is growne injurious to princes , and smels ranke of puritanisme . divines themselves will loose nothing to princes , but all other men shall , that they may gaine the more : and neither lawyers nor states-men must direct them in any thing , but both lawyers and states-men must be directed by them in all things : but let us a little examine how the conditionate and absolute formes of government come within the circle of theologie . the israelites were governed by monarchs , but not all alike absolute . the patriarchs were not so absolute as the iudges , nor the iudges as the kings , nor the kings as those heathen emperours , which at last made them tributary . the due of caesar , and the due of solomon , and the due of samuel , and the due of jacob , was not the same as to all points of state , or all degrees of royalty , and yet the nation was the same , and the forme of government still remained the same : viz. monarchicall . it should seeme that god approved that degree of soveraignty best , which was by himselfe setled in the person of moses , for when that people afterwards desired a king , of a more awfull and large prerogative , in imitation of other nations , the thing displeased god . samuel also wrote a book of this subject , shewing the just conditions of regall power ; ( the losse whereof is much to be lamented ) for if it had been gods will that all kings should be equally absolute in all respects , and free from all limitations and obligations alike , samuel needed to have written little thereof ; one word had determined all . but in scripture , as it now remaines , samuels booke being not extant , our chiefest light and guide now is by example , not rule ; and example we finde very various . the state and soveraignty of the jewish kings in generall , we find mild , and gratious ; but much differing in particulars . solomon was heavy over his subjects , and under his son they would not beare the like ; yet solomons pressure was not upon the estates of his subjects by taxes , and impositions , for he made silver in jerusalem as stones for plenty ; nor did he vex their persons by military hazzards and services , for he was at peace with all the world : neither did he any way let fall , or lessen their honour amongst other nations ; he made them rather a spectacle of glory and prosperity to the world . solomons harshnesse was onely in imploying so great multitudes for his own pompous attendance , and for the performance of such publike workes , and structures , as did tend to the magnificence and beauty of the state . besides , scripture does not satisfie us , neither by rule , nor example , whether kings ought to be successive alwayes , or elective ; or whether primogeniture of males , or unigeniture of daughters , ought to take place : many things are left so uncertaine , that it is not alwayes safe for kings wholly to rely upon examples ; and for the rule of obedience , it is generall , and no more advantagious for free monarchs , than conditionate potentates ; no more for supreame , than subordinate commanders . the law of nature best determines , that all princes being publike ministers for the common good , that their authority ought to be of sufficient latitude for that common good ; and since scripture is not expresse concerning that latitude , as to all people , the same not being to all alike necessary , the severall laws of severall countries best teach that certaine latitude . i could wish therefore that princes herein would not so much consult with divines , as lawyers ; or rather with parliaments , which are the grand courts and counsells of kingdomes ; for ( as cotton saies ) every man in particular may deceive , and be deceived ; but no man can deceive all , nor can all deceive one . ancient times are not precedentary to ours by any necessity , for lawes are now more learned , exact , and particular ; and courts and tables of iustice , and policy , are more wisely and methodically composed and elected , then they were ; and therefore there needs not that vocall power , or indisputable force to remaine in the breasts of princes , as was of old . the courts of parliament , and their unquestionable acts ▪ and ordinances , and their infallible avisoes , are now in all well-governed countries , the very oracles of all policy , and law , they are the fountaines of civill bloud , spirits , and life ; and the soveraigne antidots of publike mischiefes . that prince was never yet deceived which relied upon them , nor can he chuse but be deceived , which thinkes he can be assisted with any more wise or faithfull advertisement , then that which is given him by his whole realme united , and contracted in a lesse circumference . what end can all the flower of the nobility , gentry , and commonalty of a nation , being wise and religious , have in seducing their soveraigne , or in limiting that soveraignty , by which alone they are protected ? or what one party of particular men can better understand the true limits of sufficient soveraignty , and the profit thereof ; then this collective universality , whole rayes like the suns , are every where dispersed ; and yet whose body of light is here as in a refulgent globe concentred ? individualls may have many particular ends , severed from the princes or the states , but communities can ayme at nothing but the common good ; as the lesser fountaines scatter their branching streames up and downe in various maeanders , whilst the sea containes it selfe in an intire body , within its constant bounds . individuals also have but their owne particular set limit of perfection , and have judgements beside apt to be darkened by their owne severall interests and passions ; whereas the common body enjoyes a confluence of severall perfections , and hath the lesse force from abroad to overcloud them . of all men therefore it will most concerne princes to suspect them which are enemies to publike assemblies , and to confide in them most , whose ends are not divided from the generalities ; and as they tender their owne happinesse , to expect it chiefly from that generality , by which they are kings , to which they are gods , from which their very diadems receive honour and sanctity , to which their very royall order imparts life , and breath , and necessary subsistence . i come now to my ethicall puritan . the name of puritan must not rest here , for there may be some moderate , well inclined , facile men , whose education may be such that they are not much vers'd or insighted either in matters of religion , or matters of state ; they may be such as are no waies busie but in their own particular affaires , and yet it behooves that these men too be brought in within the opprobrious compasse of puritanisme . to the religious , ecclesiasticall , and politicall puritan , there must be joyned also an ethicall puritan . this detested odious name of puritan first began in the church presently after the reformation , but now it extends it selfe further , and gaining strength as it goes , it diffuses its poysonous ignominy further , and being not contended to gangrene religion , ecclesiasticall and civill policy , it now threatens destruction to all morality also . the honest strict demeanour , and civill conversation which is so eminent in some men does so upbraid and convince the antipuritan , that even honesty , strictnesse , and civility it selfe must become disgracefull , or else they which are contrary cannot remaine in grace : but because it is too grosse to deride vertue under the name of vertue ; therefore other colours are invented , and so the same thing undergoes derision under another name . the zealous man is despised under the name of zealot , the religious honest man has the vizard of an hypocrite , and dissembler put upon him to make him odious . here i may alledge even hooker himselfe in justification of this ethicall puritan , that good ingenuous man in these dayes , though he opposed them in polity , yet honoured them in morality , and certainty if he were now living , he would strongly inveigh against their opposers in this respect . he cites aristotle in his . booke of ethicks , and . cap. that many men in domesticall things may be vertuous , and yet offend {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , yea , i am perswaded ( sayes he ) that of those with whom we strive in this cause , there are whose betters amongst men could hardly be found , if they did not live amongst men , but in some wildernesse amongst themselves . and the cause ( sayes he ) of their disposition so unframeable to society is , for that what they thinke privately to be convenient and just with some shew of probability , the same they thinke themselves bound to practise and uphold , notwithstanding any law of man to the contrary : and thus by following the law of private reason , where the law of publike should take place , they breed disturbance . see here the maine taxation of puritans amongst their honest and wise opposers ( such as i allow hooker to bee , ) is this , that in things indifferent , they will not recede from their owne consciences , for any command whatsoever , in all necessary points of morality there cannot be found better men . i cannot tell , i am left to pronounce here with the poet . crudelis mater magis , an puer improbus ille ? improbus ille puer , crudelis tu quoque mater . i will only wish that neither the child would be so disrespectfull of his mothers judgement in indifferencies , nor the mother so unpittifull of her childes weaknesse in scruples . hooker also in his preface confesses , that puritans at first were pityed only in their errors , and not much withstood by any : for the great humility , zeale , and devotion which appeared to be in them , was in all mens opinions , a pledge of their harmelesse meaning . the hardest ( sayes he ) that men of sound understanding , conceived of them , was but this : o quàm honestâ voluntate miseri erant ! and for this cause luther made request to fredericke of saxony , that within his dominion they might be favourably dealt with , and spared , for that , ( their error exempted ) they seemed otherwise right good men . so then whilst their meaning is honest , and whilst their honest meaning tends onely to make themselves miserable , that is , objects of scorne , and punishment , favour ought to be shewed . t is true , hooker after complaines , that this favour produced ill effects amongst puritans , who by meanes of such mercifull tolleration gathered more strength then was safe for the state : but under favour , this does not appeare so with me : in france , scotland , and those parts of germany where zealots have had most liberty , and favour , i doe not see any effects so evident thereof , as these : that popery hath the sooner vanisht , and enmity beene the better prevented . it seemes to me , that england of all protestant countries has least cause to boast of her rigorous discipline towards puritans , having never yet been either quiet , or safe til this instant , and now scarce being able to beleeve , that great worke of deliverance , which god hath mercifully wrought for us . it cannot be denyed , but the yet unsettled condition of these times hath been scandalous in multitudes of anabaptisticall sectaries , whose severall conventicles cry , here is christ , and here is salvation : but what ? is this the blame of the churches indulgence to weake brethren in nice scruples ? surely no : for it is to be hoped , that when government is againe settled , as favour shall bee used in matters of indifferency , so the rod shall be resumed againe against all obstinate offenders in matters of weight . and who does not see , that these swarmes of conventiclers which now sequester themselves from us , are but the dregges of the vilest and most ignorant rabble , whose doctrines cannot prevaile though they meet with no opposition , nor subsist when authority once lifts up its hands or shakes its staffe against them . the feeble flyes of sommer , which every shower , and cloud almost disperses , are not more contemptible , than these wretched throngs , whose workes not being of god , no nor scarce of rationall man , cannot prosper in such an age of knowledge , learning , and piety , as this is . let us not then for some gnats , or frogges sakes ungratefully murmure against sommer , or undervalue all the sweet influences of the sun , and the softer gales of heaven . puritans by some are parallelled to iesuites , iesuites are called popish puritans , and puritans , protestant iesuites ; yet this is not indeed disparageable to them : for doubtlesse fiery zeale and rigour were not blameable in iesuites , were not their very religion false ; as celerity and expedition in a traveller is not in it selfe faulty , but commendable , though the traveller being in a wrong path , it causes him to stray the further from his journies end . my lord of downe professes that the first thing which made him distast the religion of puritans ( besides their grosse hypocrisie ) was sedition : so grosse hypocrisie , it seemes , was the first . what is grosse or visible hypocrisie to the bishop , i know not , for i can see no windowes or casements in mens breasts , neither do i think him indued with saint peters propheticall spirit whereby to perceive and search into the reines , and hearts of hypocrites ; but let him proceed . it is a plausible matter ( saies he ) with the people to heare men in authority depraved , and to understand of any liberty and power appertaining to themselves , the profession also of extraordinary zeale , and as it were contempt of the world workes with the multitude . when they see men goe simply in the streets , and bow downe their heads like a bull-rush , their inward parts burning with deceit , wringing their neckes awry , shaking their heads as if they were in some present griefe , lifting up the white of their eyes at the sight of some vanity , giving great groanes , crying out against this sin and that sin in their superiours , under colour of long prayers , devouring widdowes , and married wives houses ; when the multitude heares and sees such men , they are carried away with a great conceit of them , but if they should judge of these men by their fruits , not by outward appearance , they should find them to be very far from the true religion . see here the froth of a scurrilous libeller , whereby it is concluded that he that is of severe life , and averse from the common vanit●es of the time , is an hypocrite : if these descriptions of outward austerity i shall not only shew what is an hypocrite , but point out also who is an hypocrit , our saviour himselfe will hardly scape this description ; doubtles our saviour , and many of his devoutest followers did groane shake their heads , and lift up their eyes at the sight of some publick 〈◊〉 , and vanities , and did not spare to taxe the vices of superiours , and to preach to , and admonish the meaner sort of the people ; yet who but an annas or caiphas will infer from hence that therefore their inward parts burne with deceit , and that their end is meerely to carry away the multitude ; such as judge only by outward appearance , and have not their senses exercised to discerne betwixt good and evill ? it is likely the high priests and pharisees did thus blaspheme in those dayes , and that the rather , because from their owne fayned sanctity , they were the more apt to suspect the same in others : but what i must wee needs follow them , or this bishop in this ? but to proceed with this bishop , saint iames ( sayes he ) gives us a full description of true religion . wisdome from above is first pure , then peaceable , gentle and easie to bee entreated , full of mercy and good fruits , without judging , and hypocrisie . none of these properties will agree with the religion of puritans . it is not pure for it allowes vsury , sacriledge , disobedience , rebellion , &c. it is not peaceable , for these men are the incendiaries of christendome , it is not gentle , nor easie to be intreated , for they are more austere than cato , and not to be moved by perswasion or command . it is not full of mercy and good fruits , for they are all for sacrifice , nothing for mercy ; for the first table , not the second ; for faith , not charity ; they pull downe churches , but build no hospitals . it is not without judging , for they are known to be most rigid censurers . and hee is an hypocrite which spies a mote in his brothers eyes , and not a beame in his owne . here is a confused proofe , that such puritans are hypocrites , but no proofe at all , that this man is such a puritan . if my lord say be such a puritan , this denotes him an hypocrite , but this does not prove that my lord say , or brooke , or dod , or clever &c. or any the most famous puritan living is guilty of vsury , sacriledge , rebellion , pulling downe of churches , setting the world on fire , or of renouncing the second table and all works of justice and charity , or of censuring and condemning malignantly other men : if these things were true of particular men , calumny were needlesse : accusation would better suppresse them . and sure it is not out of favour that law proceeds not , for malice has often enough shewed her teeth , and would have bitten if she could , neither would she now calumniate if she could accuse . the bishop expects not to be beleeved ; if he puzzell , and work some into doubt , it is sufficient : but since bitter censuring , and calumnious condemning of others is s● infallible a signe of hypocris● : how doth the bishop wipe this off from himselfe ? can puritans , speake worse of any , than he doth of puritans ? sure they may well joyne with him upon this issue , that the greatest slanderer is the greatest hypocrite ; and yet seeke no further for slanders , than this very speech , wherein he so eagerly inveighs against slander ; but if individuals cannot be thus convinced by the bishop , how shall these signes and symptomes be applyed to whole sects , religions , kingdomes ? the most ordinary badge of puritans is their more religious and conscionable conversation , than that which is seene in other mens : and why this should make them odious or suspected of hypocrisie amongst honest and charitable men , i could never yet learne . a seeming religious consists in doing actions outwardly good , and the goodnesse of those actions is apparent to man ; but the false hypocriticall end of them is onely discerned by god : and therefore with what conscience can i condemne that good which is visible , for that evill which is not visible ? say , brooke , dod , clever , &c. are knowne to me ; yet no otherwise but as men singularly devote , and as all the prophets , and appostles would , if they were now living : and shall i conclude because they seem so , therefore they are not so ? i am so far from this , that my owne conscience bindes me to honour them , and that in those things , wherein i have not the grace to follow them . i have been a diligent inquirer into puritans , and have exactly tryed them three wayes . first , in themselves ; and so i finde them zealous , at least seeming so outwardly , and distinguisht principally from other men by their remarkeable , and singular zeale to god and the truth : and this to me is no ground of uncharitable censure . secondly , in those , which in these times thinke and speake charitably of them ; and they are so many in number , and of so good quality , that indeed to the popish and episcopall faction , all the kingdom almost seems puritanical ; but for this i cannot think the worse of them . but thirdly , when i consider puritans , and compare them with their common notorious adversaries , then their goodnesse seemes most evident to me , and if it were legibly ingraved in the open wickednesse and scandall of their chiefe opposers . nothing but truth , hollinesse , and goodnesse , seemes to me to be the cause , that papists do so implacably abominate them : that our proud hierarchists , ambidexters , and neuters in religion , do so uncessantly pursue their subversion ; that court-flatterers and time-serving projectors , and the ravenous caterpillars of the realme , do so virulently prosecute them with defamations and contumelies ; that stage-poets , minstrels , and the jesting buffoones of the age , make them the principall subject of derision : lastly , that all the shamelesse rout of drunkards , lechers , and swearing ruffians ; and the scume of the vulgar are so tickled with their reproach , and abuse . certainely , nothing but an unappeaseable antipathy could be the cause of all this , and no testimony of goodnesse can be more sure , un-erring , and unanswerable than such antipathy . amongst wicked men there may be particular hatred , but not a generall antipathy : one wicked man hates not another as wicked , but rather loves him therefore , or else the world did not observe a decorum in loving her owne , and hating strangers : as there cannot be division in satans kingdome ; so there cannot be communion or compatibility betwixt christs and satans subjects . but t is a miserable thing to see how far this word puritan in an ethicall sense dilates itselfe . heretofore it was puritanicall , to abstaine from small sins ; but now t is so to abstaine from grosse open sins . in the mouth of a drunkard , he is a puritan which refuseth his cups ; in the mouth of a swearer , he which feares an oath ; in the mouth of a libertine , he which make any scruple of common sins ; in the mouth of a rude souldier , he which wisheth the scotch warre at an end without bloud . it is sufficient that such men thinke themselves tacitly checked and affronted by the unblamable conversation of puritans , byshop lake that good and godly man moved at the declining state of his time , is said to have expressed his regret thus : we feare , saith he , a relapse into popish error , and superstition ; but my heart misgives me worse than so : vtter irreligion and atheisme , me thinkes , begins to prevaile strangly amongst us : we are not so likely to lose the light of truth , as the heat of zeale ; and what benefit is in religion , where the name of it is honoured , but the power of it is not at all seene ? where gods will is truely understood , but his commands are wholy slighted ? where men know like christians , but live like heathens ? the soule of religion is hearty devotion , and that growes dayly more and more ridiculous amongst us ; and yet religion without the soule of it , is rather a curse than a blessing to us . no impiety is so hainous in an ignorant sodomite , as want of piety is in a right instructed israelite . in this wise i have heard that good prelate did complaine ; and this makes me thinke , that he had in his complaint some respect to this word puritan , then which , certainely the devill hath not a more fatall engine whereby to confound religion , and to subvert all true zeale , goodnesse , and devotion . thus farre it appeares what a vast circumference this word puritan has , and how by its large acception it is used to cast durt in the face of all goodnesse , theologicall , civill , or morall : so that scarce any moderate man can avoid its imputation . and thus it does mischiefe to men , not commonly noted for puritans , but if a man be so noted , though perhaps irregularly , then it is farther otherwise abused : for all such a mans evill shall be charged upon his puritanisme , and all his good defaced for his puritanisme . such a man is condemned for murther , and adultery ; and at his death gives strong assurances of unfaigned repentance , and contrition of heart . he was a christian , a protestant , a minister , a puritan ; yet this crime is recorded and blowne abroad , not for the shame of christians , protestants , ministers , but of puritans . and as for his attestation of deepe humiliation , how excellent soever , the honour of them , if any be acknowledged , shall redound to the christian , the protestant , the minister , to any thing else except the puritan . howsoever in the first place it ought to be observed , that an uncleane streame does not alwayes receive it's uncleannesse from the filth of the fountaine , but in the second place a pure streame necessarily infers a pure source . t is true , trees are knowne by their fruites , and so are men generally by their workes ; but this similitude holdes not in all men , at all times : for good men sometimes commit soule sinnes , and bad men performe laudable services . david defiles vriahs wife , and to conceale it from the world , makes drunke and murders vriah ; and together with him casts away the lives of many other faithfull souldiers : yet nothing moved at this his owne mis-doing , at the same time he sentences to death a subject of his for damnifying a neighbour , to the value of a poore lamb : what might joab , and the other privy ministers of these his foule deeds , censure all this while of this his externally professed sanctity , and purity , and strictnes in point of justice to other men ; or of his so great indignation against pet●y offenders ? what might they judge of the root , from whence these fruits sprung ? did they conclude these fruits , good ? or did they conceive that such fruits might grow upon a good stocke ? it 's strange , that he which would be so rigid to a petty fellon , should himselfe find no remorse at his owne murther and oppression , in spoyling so gallant a commander , of his wife , of his sobriety , of his life , and to continue so long a time without regard either what himselfe had done , or what vriah had suffered . but it 's well , david lived in those times when the name of puritanisme was not invented to blast all goodnesse : had he lived amongst us , he had been accounted a puritan , and being a puritan , god might have forgiven him , but the world never would : but it seemes the world was not then poysoned with the same base word , though i beleeve under some other nicke-name goodnesse was alwaies odious : for we read , that for that very sin of david , gods name was evill spoken of amongst the wicked . so solomon the sonne of seduced bathsheba , if we censure him by many of his actions , perhaps jeroboam , and ahab that made israel to sinne , were not personally addicted to so much excesse of bodily lust , and pollution , nay perhaps many heathens and turkes have detested his enormous lubricities . i speak not this to countenance sin , but to discountenance rash censures of sinners , wishing all that thinke themselves fraile and mortall , to turne their eyes inwards , and to lay their hands upon their owne mouths , forbearing to censure all sins , but most especially the most latent and obscure of all sins , hypocrisie . solyman the magnificent is held the honestest of all the princes which raigned in his time , not excepting christian princes , nay not excepting the great father of them all , the apostolicke man of rome : yet this is no shame to christianity , but to christians rather ; nay i wish it might be accounted rather a rebuke , than a shame ; rather a rebuke to humble them , than a shame to confute them . for christ tels us that many times the first are last , and last first , god sees not as man sees , and yet he that will judge uprightly ought to see as god sees , and not as man . so much of the extensive infamy of this word puritan , now of its intensive malignancy : but little more needs to be spoken hereof , for he which tels you who is a puritan , for the most part tels what is a puritan . the papist we see hates one kind of puritans , the hierarchist another , the court sycophant another , the sensuall libertin another ; yet all hate a puritan , and under the same name many times hate the same thing . he which is an enemy to our religion which is the truth , hates the puritan as an enemy to truth ; he which is an enemy to piety , policy , morality , charges the puritan of being the same : wherefore whatsoever is hated by the perverted and disaffected in religion , piety , policy , morality , is a puritan , and whosoever is a puritan , is censured , hated , and slandered as a man perverted and disaffected in religion , piety , policy , and morality . this sufficiently appeares by the common slanders of all goodnesse in these dayes , and particularly by the byshop of downe , for as he justifies jesuites , anabaptists , and the powder-traiters before puritans ; so he describes , and proscribes whole religions , sects , and kingdomes for puritans . in the yeare of grace , when the spanish armado had miscarried , notwithstanding that his holines of rome had so peremptorily christned it , and as it were conjured for it , one of that religion was strangely distempered at it , and his speech was as 't is reported , god himselfe was turned lutheran : by which , for certaine , he meant hereticall . 't is much therefore that my lord of downe , now that episcopacy is so foyled in scotland , has not raged in the like manner , and charged god of turning puritan : but surely , if he has spared god , he has not spared any thing else that is good ; and if he has spared to call god puritan , he has not spared to call puritan devill : but to conclude , if the confused misapplication of this foule word puritan be not reformed in england , and that with speed , we can expect nothing but a suddaine universall downefall of all goodnesse whatsoever . aelius adrianus the emperour , about an hundred yeares after our saviour , having beene certified by serenius granianus , proconsul of asia , that the christians in those partes were illegally oppressed by the malice of unjust sycophants , sends this his imperiall edict to the next successor minutius fundanus . if the provincials can prove ought against the christians , whereof they charge them , and can at the barre of justice make good the same , let them proceed in a juditiall course : but let them not appoach , the christians meerely for the name , by clamouring , and rayling scandals against them : for it is expedient , if any be disposed to accuse , that the accusation bee throughly knowne , and judicially tryed you ; therefore if any accuse the christians that they transgresse the lawes , see that you judge and punist according to the quality of the offence , but if any upon spite or malice by way of calumny complaine agai●st them , see you chastise such for their malice , and repay them with condigne punishment . i began with a marquesso , i end with an emperour , both read the same lecture , both teach us a difference betwixt privy malicious calumny and open judiciall accusing , or impleading ; god sends us to hearken to both , asmuch as the necessity of our case requires it . finis . a petition or declaration, humbly desired to be presented to the view of his most excellent majestie; by all his majesties most loyall and dutifull subjects. shewing the great danger and inconveniences that will happen both to the king and kingdome, if either his majestie or his people desert his grand and most faithfull councell, the high court of parliament. parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a petition or declaration, humbly desired to be presented to the view of his most excellent majestie; by all his majesties most loyall and dutifull subjects. shewing the great danger and inconveniences that will happen both to the king and kingdome, if either his majestie or his people desert his grand and most faithfull councell, the high court of parliament. parker, henry, - . [ ], p. printed, london : . by henry parker. annotation on thomason copy: "by hen. parker esq"; " july". reproduction of the original in the british library. eng charles -- i, -- king of england, - . great britain -- history -- charles i, - -- early works to . a r (thomason e _ ). civilwar no a petition or declaration, humbly desired to be presented to the view of his most excellent majestie; by all his majesties most loyall and d parker, henry f the rate of defects per , words puts this text in the f category of texts with or more defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion a petition or declaration , humbly desired to be presented to the view of his most excellent majestie ; by all his majesties most loyall and dutifull subjects . shewing the great danger and inconveniences that will happen both to the king and kingdome , if either his majestie or his people desert his grand and most faithfull councell , the high court of parliament . london printed , . a most humble petition , and declaration . humbly sheweth that his maiesty having first declined , and after deserted and since by force of armes prepared to invade his great councell ( as we conceive ) doth now expect a concurrence therein according to severall messages and commands , not onely from divers persons of both houses of parliament , but also from all his loving subiects , amongst whom we of the citie of london are no inconsiderable n●mber . that we conceive ( as the case now stands ) that it cannot be , but a most impious and mischievous thing in us , either to forsake , or by arms to seek the d●struction of that sacred court ; for these reasons . first , because in former ages this kingdome hath very seldome relinquisht its representative , elected , intrusted councell , and when it hath , it hath soon found cause to repent that treachery , and instability , & commonly that repentance proved fatall both to king & kingdom . secondly , that private councell by which his majesty is incensed against his generall councell , ●bscures it self from the world ; neither the●… names nor qualities , nor their grounds of exception are declared or avowed . and since his majestie is now attended by so many peers , councellors of state , judges , and lawyers , and hath sufficient forces to commence warre , and cannot be imagined to obey the conduct of meere private reason , in a matter of such transcendent consequence , we a●e apt to thinke , that the promoters of this horrid warre would not conceale themselves and their grounds , if they were not papists , prelates , delinquents , necessitous courtiers , or such mercinary sword-men , as no nation nor age ever expected faith or pietie from . and there is a rumour here spread , that divers of the nobles now in his majesties traine departed not from hence without great solicitation , and have not that freedome now of advice , or of accesse to his majestie , or recesse to the parliament , as was expected , nor does any thing under their hands publikely testifie , how fare they adjudge this parliament trayterous , or this warre gainst it justifiable . and yet policy , justice , honour must needs inforce this , and doth challenge it both from his majestie and from them . thirdly , we having lived nearer and beene more jealously intentive eye and eare witnesses of parliamentary proceedings , then remoter count●ies , have not beene able to discover any disloyaltie in the major part of lords and commons , but on the contrary , have seene all the slaunders of their enemies , detected of villanous falshood and malice , as in the maine matters of ingrossing the publike treasure to their owne use , or seeking to corrupt the militia of the land , that thereby they might tirannize over king and kingdome , we beleeve , we see , we know the contrary , and so must needs all sober men . fourthly , if his maiestie did not relie upon allegations without proofes , and if those allegations also were not full of uncertaintie and insuffiency many times , no blood need to be shed in this difference , a legall debate even in parliament it selfe would sift out the ●ruth to the satisfaction of all the kingdome , and neither the orators tongue , nor the souldiers arme ( whom none but times very calamitous use to imploy ) neede here to be ingaged : for sometimes his maiestie professes to have honorable thoughts concerning the parliament , blaming onely the too great influence which some malignant partie hath upon both houses , yet his maiestie names no malignants , nor specifies the nature of that influence ; sometimes his maiestie chargeth by name some few of each house , and promiseth particular charges , but publisheth none , sometimes his maiesty inveigheth against some particular votes of the maior part of both houses , condemning them as treasonable , and apparently illegall , but taketh no issue , nor assigneth any legall tryall , nor alloweth any appeale from his owne breast and sword , and though in very te●rmes no warre is confessed against the parliament , yet it is mamanifestly levied against sir john hotham , &c. for being an actor under the parliament , and treason is fixed upon all such as obey the ordinance of both houses : and yet both houses themselves must not be thought to be aymed at ; and as there is uncertaintie in the parties charged so there is the like in the crimes imputed , for sometimes the ordinance concerning the militia , beares the burthen of all , sometimes some other plots & conspiracies of bringing in an arbitrary power , and aristocraticall usurpation over king and kingdome , both are intimated , and a more satisfactory narration of particulars are promised , but we see no such thing as yet pe●formed . and thus the case not being yet rightly stated , nor the certaine traytors nominated nor the certaine treasons declared , nor ●ny other interpreter of law , but his maiestie alone without any of his peeres or judges admitted , yet we are moved to betray that treshault assembly , whom all law , conscience and interest , nay , all that is sacred or can be neare or deare unto us , bindes us to defend with our lives , till wee are clearely convinced of their falshood to us . fiftly , divers exceptions taken against the parliament much insisted on , as that they may vote the king to be at london when he is at yorke , or declare treason to be loyaltie , and loyaltie treason , &c. savour of meere merriment , and require no other answer , if the sadnesse of the times would allow it , for though generall consent inable the parment very farre , whilst it is not abused , yet that being all the basis of their power when that shall fall away ( as it doth when grosly abused ) all derivative power vanishes with it ; and story tells us that the kingdome s●metimes hath causelesly out of levetie and love of noveltie , betrayed the parliament , but no age ever saw one parliament that proved treacherous to the whole kingdome . sixtly , as we see none but good fruits in this publike councell , so we see none but bad in its private opposite , for when we see his maiesty at the same time raysing forces here against a parliament , not iustly convinced of treason , and yet not affording his ready assistance to supplies for ireland , whilst many protestants are murdered daily there for want of the same , and that by the hands of those bloody miscreants whom his maiestie never mentions without horror . and when wee see all intentions of forces abiured , and with such high imprecations disclaymed , except for a guard onely , and yet as soone as forces are increased thereby , open defiance proclaimed to all which adhere to the parliament in orders made for publique safetie . and when we see the intrusting of the publike militia into faithfull hands by authority of the whole state thundred against as oppressive to the subiect , and yet at the same time , commissions of array issued out to such as may lord rivers , &c. the said commissions being as illegall and vexatious , and dangerous , and so generally known to be ; as the ship-scot was , when we see these things and many other like we grieve , we bleed inwardly for his maiesty , & it seemes prodigious to us that so gentle a prince should indure so much , so many yeares together for such ministers sakes contrary to the prayers and advertisements of this whole glorious brittish monarchy . seventhly , his majestie rests onely in generalls ( which according to his majesties owne words amount to just nothing , for as generall complaints of subverting law , and subjecting both king and kingdome to lawlesse arbitrary rule , are pressed against the parliament , so nothing but generall promises , of making us a happy people , and consenting to all just requests , are uttered by his ma●estie : at this present when his maje●tie prefers private advise before publique , yet he attributes generally all due respe●t to parliaments : and when his majestie takes up the sword against the parliament , the highest court of law in england , and not condemned , but by edict law onely , ( no peere , judge , &c. appearing in the condemnation ) yet this sword is said to be taken no meerely to protect the law ; this strange persecution of a parliament , and all its favourers , by fire and sword , which to our ordinary ap●rehensions seemes so dismall and fatall , especially at this time , when it is as great a benefit to popish rebels in ireland , as it is a scourge to loyall protestants in england ▪ & this must seeme not only to stand with his majesties generall expressions of grace , but in a generall sense it is it self an a●t of grace . and this is not wonderfull , for we know that whilst the ship-scos , and all other projects and m●nopolies lay heavvest upon us , in all our sore grievances and violations , generall expressions of grace did ever accompany them , though they r●ther added than diminished to the weight of our sorrows . and therefore we have now the lesse reason to comfort our selves with generall assurances , especially since deeds of hostility faile not to attend our sweetest words of clemency ; nay , and in the same manifestoes , as we finde professions favouring all of law , right , and limited power ▪ so we finde withall intermingled divers positions placing the king beyond all law , right and limitation , and reducing parliaments to lesse power than ordinary courts . in all submissive humility therefore we humbly prostrate our selves before his majesties feet , with the pious tender of these our earnest supplications . first , that it would please his majesty , in a war of this confounding nature to the three kingdomes at once , and to the true religion , in them to have recourse to the impartiall advise of former ages , rather then of this . secondly , to abandon the councels of papists , as well such as goe to church by dispensation , as not , and as well such as send instru●tions from beyond the sea , as those which are here more visible ; and in the same manner to reject the advertisem●nts of delinquents , prelates , souldiers , &c. whose known interests makes them incompetent advisers in this case , no age having a paralell to it , and if his majesty conceives publike advise to be partiall at this time ; yet to let the kingdome know what private advise is hearkened to , and what the quality and grounds of it is , for the better vindication of his majesties honour , and the more full satisfaction of all true protestants . thirdly , to make a further guesse at some of his majesties councellors , by those false slanders of treasons which they have powred into his majesties eares , and are now disproved to all the world . fourthly , that his majesty would not admit of any crime in the parliament , but such as beares the stamp and form of a legall and judici●ll accusation ; and instead of generall invectives , to publish the certain kinde of treasons , and names of traytors , and the certainty of his majestie evidence and how far his majesty will refer the tryall there●f to any peace●le tre●ty , laying down the sword in the meane time , witho●t o● a●vanta●e 〈◊〉 either side , for if the offence of the p●rliament be tha● they h●ve been t●o ze●lo●s of the safety of the kingdome , in making ordinances to settle the militia , then the question is only , whether or no the king hath such a sole interest in the towns , for●s , &c. ●nd st●ength of the kingdome , as that he may a 〈…〉 e intrust them to suspected substitutes , in time 〈◊〉 danger , without generall advise , nay contrary to generall consent . and th●s ●eemes a strange ground for such an uncouth dismall war , at such a time as this , when it makes our lords and commons worse rebels then the irish , and chuses rather that the protestant religion , together with the crowne there sh●ll perish , then any truce shall be granted here , or any umpirage admitted . it cannot but be better that the state of scotland were intreated to mediate and arbitrate in this difference , then that so unsesonable and unnaturall a war should be waged . for if sir john hotham be not fitter to be trusted than captain leg , and my lord of warwicke then sir iohn pennington , yet the kings interest is not altered , nothing but the subordinate person is changed , and if this be not allowed to a parliament , the subject hath no remedy nor power of defence in any danger when the king mistakes both his friends and foes : but if this be allowed , the king suffers nothing by it . he which serves the state faithfully , must needs serve the king faithfully , ( it is to be wished , the contrary were as true ) a generall defection is not to be feared , nor could be redressed if it should happen , and except in case of generall defection , the state cannot chuse to the disadvantage of the king : but if the militia be not the main cause of this war , if any other super-emergent exceptions , against any particular persons , in , or out of parliament may be taken ▪ this may be debated , and accommodated legally without blood , except one side will declare it self not to be sa●isfied otherwise then by blood . till these things be better cleared no force ought to be used , and if the king will admit of no truce , it will not be said that the parliament takes up armes against the king , but the whole kingdome in its representative court defends it selfe against such as have seduced , and uniustly incensed the king , and such , as though they have usurped the kings person , and word , and command , yet have not so true a right to his vertue , and authoritie , nor ought to bee held so friendly thereunto as the parliament . fiftly , not to make the parliaments arbitrary power in declaring law , &c. any ground of charge since this strife betweene prerogative and libertie must be decided , and by the law it selfe without some interpreter cannot , and since his maiestie does not claime that sole interpretation , and since the parliament cannot be suspected therein . sixthly , to judge of the councellours and fomenters of this warre by the favour which it beares to the irish rebellion , and the disagreement thereof with his majesties former gracious professions : and at least to hearken to a truce till the irish warre be ended , except the lords and commons seeme more detestable traytors than the irish rebells . seventhly , that his maiestie will let us know something in particular concerning our priviledges , in and out of parliament , and what latitude of authority and power shall be granted to the representative body of the whole kingdome , even when his maiestie likes better of private advise ; and also how farre his maiestie will grant his royall prerogative to be within the cognizance and declaration of the lords and commons , because in our understanding to have no right , and no impartiall judge of that right , and to have no limits , and no knowne limits is one and the same thing . now therefore our humble and heartie desires to his majestie are , that he would be gratiously pleased to condiscend to these so necessary things , now that so streaming a comet of bloody aspect hangs over our heads , and so abominable a warre is commenced amongst us , it will facilitate a happy and faire accommodation , it will disappoint the greatest adversaries of the church and state , it will make his majesties raigne more blessed now , and his story more candid and unstayned with blood hereafter . and his maiesties most humble petitioners shall ever pray , &c. the trojan horse of the presbyteriall government vnbowelled wherein is contained, i. the power of the presbyterian government, ii. the persons in whom this power is placed, iii. the exercise of the presbyterian power in scotland, and the lawes there imposed on the peoples necks. parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) the trojan horse of the presbyteriall government vnbowelled wherein is contained, i. the power of the presbyterian government, ii. the persons in whom this power is placed, iii. the exercise of the presbyterian power in scotland, and the lawes there imposed on the peoples necks. parker, henry, - . [ ], p. s.n.], [london : . attributed to henry parker. cf. dnb, mcalpin coll. reproduction of original in huntington library. eng church of scotland -- government. presbyterian church -- government. a r (wing p ). civilwar no the trojan horse of the presbyteriall government vnbovvelled. wherein is contained, i. the power of the presbyterian government. ii. the per [no entry] c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the trojan horse of the presbyteriall government vnbovvelled . wherein is contained , i. the power of the presbyterian government . ii. the persons in whom this power is placed iii. the exercise of the presbyterian power in scotland , and the lawes there imposed on the peoples necks . printed in the yeere . the trojan horse of the presbyteriall government unbowelled . of the scottish form of church-government , i have observed , that it hath been the studious endeavour of many men to procure the establishment of it amongst us , as appears by the importunity of divers petitions to that purpose presented to the parliament ; and that upon pretence , that they are thereto engaged by the solemne league and covenant . i note also , that the parliament hath artificially declined the establishment thereof , by ordaining commissioners in every county to superintend the proceedings of the presbyteries , and to receive appeals from them , and by reserving the supreme power of the last sentence , in themselves : and that they have so firmely adhered to this their ordinance , as that they could not be removed from their resolution by the most potent sollicitations . this great difference of judgement between persons so considerable , hath induced me to use my best diligence to understand the nature of that government , about which they doe so perniciously disagree . to that end , i have carefully informed my judgement , by considering the frame of it , an it is set downe in that modell of discipline which is contained in their psalme-book , and in the two bookes of discipline , and the confession of their faith : some of which i know , and all of them i beleeve to be now the muniments of that church . if they be , i think i have truly collected from them , that their church-government is pernicious to civill power , grievous to such as must live under it , and apt to disturb the common peace : and that therefore those that are so earnest for it , ( at the best ) doe but aske they know not what , and that the parliament have reason to deny their requests . if they be not , they are the more to blame that seek to obtrude that yoke upon us , and inforce it by the obligation of an oath , which they regard not before hand to acquaint us with , that we may knowingly ( as men and christians ) resolve what is fit for us to doe . howsoever , i have determined to put into this form , my collections concerning that government and discipline , together with the grounds from whence they are drawne , that they may be to my selfe a testimony , that i have not neglected the meanes of mine own information , & if any others shall happen to see them , that they ( beholding at once the inference and the evidence ) may pronounce as they shall find cause . and i shall observe this order , to consider severally , first , the power which the scots challenge as due to their form of church-government , and what bounds they set betweene it and the civill power . secondly , the persons in whom it is placed . thirdly , the manner how it is exercised , and the lawes which it imposeth on the people . of the power of the presbyterian government . there are but two wayes to bound it , that it overflow not all . the one , the subordination of the nationall assembly to an oecumenicall ; and though i know nothing to the contrary , but that they acknowledge this subordination , yet no use can be made of it , ( as things now stand ) because in these sad divisions of christendome , a generall councell cannot be called : the other , the sobordination thereof to the civill power , which being the onely meanes to keep them within their limits , it is necessary to consider what respect the presbyterians give unto it . they would seem to ascribe much to the civill magistrate , for they acknowledge , that the civill power is gods ordinance , which they that goe about to take away , or confound , are enemies of mankind , and of gods expresse will , that the civill magistrates are to be highly esteemed , that to them chiefly and principally the conservation and purgation of religion appertaineth : and therefore it is sinfull to resist them . large confes. of faith , artic. . they affirme , that the ministers and others of the ecclesiasticall estate are subject to the magistrate civill in externall things : and that the civill power may command the spirituall to doe their office , according to the word of god . . booke of discip. chap. . they say , it appertains to the office of a christian magistrate , to make lawes and constitutions agreeable to gods word for the advancement of the kirk , and policy thereof , without usurping the power of the keyes . booke of dis. chap. . yet if the matter be well examined , it will be found that all these faire words are but like mercuries piping to bring argus asleep : for , they challenge a power absolute and independent of the king , to convene in assemblies at their owne pleasure , and to appoint the time and place themselves . hear their own words . all the ecclesiasticall assemblies have power to convene lawfully together for treating of things concerning the kirk , and pertaining to their charge . they have power to appoint times and places to that effect , and at one meeting to appoint the diet , time and place for another . . booke of discipline , chap. . they claime power to themselves to make constitutions ecclesiasticall , without the consent of the christian magistrate . for this orders cause , they may make certaine rules and constitutions , appertaining to the good behaviours of all the members of the kirk in their vocation . . book of discipline , chap. . they claim power to abrogate the lawes of the land touching ecclesiasticall matters if they judge them hurtfull or unprofitable . for so they say , they have power also to abrogate and abolish all statutes and ordinances concerning ecclesiasticall matters , that are found noysome and unprofitable , and agree not with the time , or are abused by the people . . book of discipline , chap. . . they require the civil magistrate to be subject to this their power , to discipline must all the estates within this realme be subject , as well the rulers as they that are ruled . . booke of discipline , head . as the ministers and others of the ecclesiasticall state are subject to the magistrate civill , so ought the person of the magistrate be subject to the kirk spiritually , and in ecclesiasticall government . book of dis. chap. . as ministers are subject to the judgement and punishment of the magistrate in externall things , if they offend , so ought the magistrates to submit themselves to the discipline of the kirk , if they transgresse in matters of conscience , and religion . ibidem . the nationall assemblies of this countrey called commonly the generall assemblies , ought alwaies to be retained in their own liberty , and have their owne place ; with power to the kirk , to appoint times and places convenient for the same : and all men , as well magistrates as inferiours , to be subject to the judgement of the same in ecclesiasticall causes , without any reclamation or appellation to any judge civill or ecclesiasticall within the realme . . booke of discipline , chap. . the princes and magistrates not being exemed , and these that are placed in the ecclesiasticall estate rightly ruling and governing , god shall be glorified , &c. . booke of discipline , chap. . if any man shall wonder how these insolent claimes can stand with their former expressions , in favour of the civill magistrate ; let him know , that there be two texts in their booke of discipline , that will open this mystery , and reconcile the contradiction . the first , the magistrate neither ought to preach , minister the sacraments , nor execute the censures of the kirke ; nor yet prescribe any rule how it should be done , but command the ministers to observe the rule commanded in the word , and punish the transgressors by civill meanes . the ministers exerce not the civill jurisdiction , but teach the magistrate how it should be exercised according to the word . chap. . by this it appeares , that all the power they allow the civill magistrate in church-affaires , is onely to be the executioner of their decrees . the second , although kings and princes that be godly , sometimes by their own authority when the kirk is corrupted , and all things out of order , place ministers , and restore the true servants of the lord , after the example of some godly kings of juda , and divers godly emperours and kings also in the light of the new testament : yet where the ministery of the kirk is once lawfully constitute , and they that are placed doe their office faithfully , all godly princes and magistrates ought to heare and obey their voice , and reverence the majesty of the son of god speaking in them . . booke of dis. chap. . this text ( i confesse ) is fast and loose . for who shall be judge whether the church be corrupted and all things out of order , or whether the ministery be lawfully constitute , and the office faithfully discharged ? shall the king ? their practise shewes that they will not allow that . shall the ministery be judge ? then the power given to princes in a corrupted church , is just nothing : for sure , the ministers will not condemne themselves . if any thing of certainty can be made out of this oracle , it is this : that the presbyterian government must be supposed to be the onely orderly government , and all the proceedings of it just : and kings and princes may claim a power to cast out any other government and set up that : but when that is once up , they must then bee content with what the assembly will allow them . to their doctrine that it is unlawfull to resist the civill magistrate , they give these bounds , while he doth his duty , and governeth as he ought . to disobey or resist any that god hath placed in authority ( whilest they passe not over the bounds of their office ) — we confesse or affirme to be sin , large confes. art. . we confesse and avow that such as resist the supreame power , doing that thing which appertaineth to his charge , doe resist gods ordinance , and therefore cannot be guiltlesse . large confes. art. . from these premisses i thinke the inference is good , that if the supreame power passe the bounds of his office , if he doe not that thing which appertaineth to his charge , if he doe the contrary , if he mis-governe , then they hold resistance to be no sinne , nor the subjects that resist him to be guilty of resisting gods ordinance . it may be that the generall disaffection to regall power , in these distractions , may render some men lesse apprehensive of the dangerous consequences of this doctrine , and the former claimes ; as supposing them to have no other drift , then to clip the wings of royall prerogative . but this is a grosse and dangerous mistake : and whosoever shal be envested with that civill power which shal be taken from the king , be it the parliament , or whosoever else , must looke to succeed him in the heavy enmity which this presbyterian power will exercise against the civill power ( when it doth not comply with them ) in what hands soever it be placed . for , these incroachments of theirs are not upon the king , as distinguished from other magistrates , but upon the civill magistrate in common , whosoever he be , as appeares plainly by the former testimonies . so that if they have a minde to call a generall assembly , though the king and parliament finde it needlesse , or ( in regard of circumstances of time , place , or distempered affections in the ministers , or people ) inexpedient , or dangerous ; they will over-rule , though to the highest disservice of the state , and must be obeyed . if they agree upon any ecclesiasticall constitutions and canons , though the king and parliament judge them never so contrary to the lawes tending to the hurt of the kingdome , yet must they yeeld to this presbyterian power . if the king and parliament make any lawes concerning the affaires of the church , which are not to their liking , they may repeals them . the king and parliament must be subject not onely to their generall assembly , but ( in subordination to that ) to the dictates of every petty parochiall session where their personall residence and abode shall be . lastly , if the king and parliament will governe contrary to their will and pleasure , their principles will allow them to incite the people to resist them . after so rank a crop of weeds , pernicious to civill power , i know not what regard will be had to the gleanings : which ( yet ) would not be lost . therefore if the civill migistrate punish not with death such as in their judgement deserve it , they order that the church may excommunicate the offender , not onely for his crime , but as suspect to have corrupted the temporall judge . if no remedy by them can be found , ( that is by the magistrates ) then justly may the church pronounce the offender excommunicate , as one suspect , besides his crime , to have corrupted the judges , revengers of blood . order of excommunication in the psalm booke . so that if the civill judges thinke not fit to proceed against every one whom they hold a capitall offender , not only the reputed offender shall be excomunicate , but in the publication of the sentence the judges shall be openly defamed as corrupt , and that upon a suspition thus weakly grounded . they determine that the temporall magistrate is bound to punish adultery with death , by gods own law . it is cleerly knowne to us , that n. somtimes baptized in the name of the father , of the sonne , and of the holy ghost , and so reputed and counted for a christian , hath fearefully fallen from the society of christs body , by committing of cruell and wilfull murther , ( or by committing filthy adultery , &c. ) which crime by the law of god deserveth death . order of excom. in the psalm book . blasphemy , adultery , murder , perjury , and other crimes capital worthy of death , ought not properly to fall under censure of the kirk : because all such open transgressors of gods law ought to be taken away by the civil sword . . book of discip. head . marriage , once lawfully contracted , may not be dissolved at mans pleasure as our master christ jesus doth witnesse , unlesse adultery be committed : which being sufficiently proved , in presence of the civill magistrate , the innocent ( if they so require ) ought to be pronounced free , and the offender ought to suffer death , as god hath commanded , . booke of discip. head . sect. of marriage . if this be true , then ( for ought i see ) we are bound to all the judicialls of moses as well as to this which is one of them : as namely , to punish theft , not with death , but restitution ; besides many other touching inheritances , purchases and other temporal things ; which would cause infinit changes and confusions in our temporall lawes . . they hold it unlawfull for the civill magistrate to pardon capitall offenders . in the feare of god , we signifie unto your honours , that whosoever perswades you that ye may pardon where god commandeth death , deceives your soules , and provokes you to offend gods majesty . booke of discip. head . . this puts such a tye upon princes , as robs them of the exercise of their noblest vertue , mercy ; inclines offenders to be desperate , and in such distracted times as this , may prove destructive to the kingdome . . they exact it as a duty of a christian magistrate , that if need require , hee maintaine the ministery with his owne rents . it pertaines to the office of a christian magistrate — to see that sufficient provision be made for the ministery , the schooles , and the poore : and if they have not sufficient to await upon their charges , to supply their indigence , even with their owne rents if need require . . booke of discipline , chap. . compare but this with the power which the presbyterians claime over the civill magistrate , and it will appeare , that their discipline will allow them to be judges , whether need require that the ministery should be maintained out of the kings rents : and if they finde that it doe , then to pronounce that it is his office and duty to make the allowance , and to compell him to doe his office by the churches censures , and warrant his subjects to take armes against him , if he shall obstinately refuse . this is a compendious way for them to cut themselves large cantells out of the kings revenues . . they distinguish the object of civill and ecclesiasticall power , not by the matter it selfe which may be the same in both ; but by the divers ends proposed by the severall powers . the magistrate commandeth externall things for externall peace and quietnesse amongst the subjects : the minister handleth externall things , onely for conscience-cause . . booke of discip. chap. . here both the minister and magistrate deale with the same externall things , and the difference is onely in the end . so that by their platform they may deal with all civil causes for a spirituall end , which the pope usually expresses with this clause , in ordine ad bonum spirituale , and these men ( to the same effect ) in ordine ad bonum ecclesiae . but both he and they doe by this distinction , usurp upon the civill magistrate . of the persons in whom this power is placed . this power is ( in the scottish platforme ) put into the hands , partly of the ministers of the parishes throughout the kingdom , who admit no superiority of one over another , but a parity and equality of all , and partly of lay-elders , who meddle not with the administration of the word and sacraments , but are chosen by the people out of every parish to joyne with the ministers in the government of the kirk : and all government and discipline , is exercised joyntly by them , by plurality of voices : in the severall parishes by the ministers and lay-elders of the same , who are subordinate to a classis made up of the ministers and elders of the parishes within the bounds thereof , as the severall classes are to the provinciall assembly , consisting of ministers and elders chosen out of every classis within the province , and provinciall assemblies are in like manner subordinate to the nationall assembly consisting of such a number of ministers and lay-elders as the same assembly shall thinke fit , chosen out of all the provinces of the kingdome : and this nationall assembly ( since oecumenicall councells cannot be hoped for ) acknowledgeth no superiour upon earth . all these points ( if things so much acknowledged need it ) are proved by these ensuing authorities . the parity of ministers , as to bishops , if the name {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} be properly taken they are all one with the ministers . . booke of dis. chap. . the conjunction of lay-elders with them in the government . it is not necessary that all elders be also teachers of the word . . booke of dis. chap. . their office is as well severally as conjunctly to watch diligently upon the flock committed to their charge , both publikely and privately , that no corruption of religion or manners enter therein . ib. their principall office is to hold assemblies with the pastors and doctors ( who are also of their number ) for establishing of good order and execution of discipline : unto the which assemblies all persons are subject that remaine within their bounds . ib. in assembling the people , neither they without the ministers , nor the ministers without them , may attempt any thing . psalm book tit. of the elders , &c. the pastors or ministers chiefe office standeth in preaching the word of god , and ministring the sacraments : so that in consultations , judgements , elections and other politicall affairs , his counsell rather then authority taketh place . ibid. titl . of the ministers office and duty . the elders being elected must be admonished of their office , which is , to assist the ministers in all publique affaires of the kirk , to wit , in determining and judging causes , in giving admonition to the licentious liver , in having respect to the manners and conversation of all men , within their charge . — yea the seniors ought to take heed to the like manners , diligence , and study of their ministers : if he be worthy of admonition , they must admonish him ; of correction , they must correct him , &c. booke of discip. . head , of the election of elders , &c. their election by the people . men of best knowledge in gods word , and cleanest life , men faithfull , and of most honest conversation , that can be found in the kirk , must be nominate to be in election , and their names must be publiquely read to the whole kirk by the minister , giving them advertisement that from amongst them must be chosen elders and deacons . ibidem . if any man know other of better qualities within the kirk then these that be nominated , let them be put in election , that the kirk may have the choice . ibid. it pertaineth to the people , and to every severall congregation , to elect their minister . booke of discipline , head , of ministers , &c. and because this order which gods word craves , cannot stand with patronages and presentation to benefices , used in the popes kirk : we desire all them that truely feare god , earnestly to consider , that for as much as the names of patronages and benefices , together with the effect thereof , have flowed from the pope , and corruption of the canon law onely , in so far as thereby any person was intrusted or placed over kirks having curam animarum : and for as much as that manner of proceeding hath no ground in the word of god , but is contrary to the same , and to the said liberty of election , they ought not to have place in this light of reformation . . book of discip. chap. . the subordination of their elderships , and assembli●s , and how they share this power among them . elderships and assemblies are commonly constitute of pastors , doctors , and such as we commonly call elders , that labour not in the word and doctrine , book of dis. chap. . assemblies are of foure sorts . for , either they are of particular kirks and congregations , one or moe ; or of a province , or of a whole nation , or of all and divers nations professing one jesus christ . ibid. the first kind and sort of assemblies , although they be within particular congregations , yet they exerce the power , authority , and jurisdiction of the kirk with mutuall consent , and therefore beare sometime the name of the kirk . when we speak of the elders of the particular congregations , we mean not that every particular parish-kirk can or may have their own particular elderships , specially in landward ; but we think three , four , more or fewer particular kirks may have one eldership common to them all to judge their ecclesiasticall causes . yet this is meet that some of the elders be chosen out of every particular congregation . ibid. it pertaines to the eldership to take heed that the word of god be purely preached within their bounds , the sacraments rightly ministred , the discipline rightly maintained , and the ecclesiasticall goods uncorruptly distributed . it belongs to this kind of assembly , to cause the ordinances made by the assemblies provinciall , nationall , and generall to be kept and put in execution . to make constitutions which concerns {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} in the kirk , for the decent order of these particular kirks where they governe , ( provided that they alter no rules made by generall or provinciall assemblies , and that they make the provinciall assemblies fore-seen of these rules that they shall make ) and abolish them that tend to the hurt of the same . it hath power to excommunicate the obstinate . the power of election of them who beare ecclesiasticall charges pertaines to this kind of assembly within their owne bounds , being well erected and constituted of many pastors and elders of sufficient ability . by the like reason their deposition also pertains to this kind of assembly ; as of them that teach erroneous and corrupt doctrine , that be of slanderous life , &c. ibidem . provinciall assemblies we call lawfull conventions of pastors , doctors , and other elders of a province gathered for the common affaires of the kirk thereof . ibidem . this assembly hath power to handle , order , and redresse all things committed or done amisse in the particular assemblies . ibidem . and generally their assemblies have the whole power of the particular elderships whereof they are collected , ibidem . the nationall assembly which is generall to us , is a lawfull convention of the whole kirks of the realm . ibidem . none are subject to repair to this assembly to vote , but ecclesiasticall persons to such a number as shall be thought good by the same assembly . ibidem . this assembly is institute , that all things either committed or done amisse in the provinciall assemblies , may be redressed and handled : and things generally serving for the weale of the whole body of the kirk within the realme , may be fore-seen , intreated , and set forth to gods glory . ibidem . now if the presbyterian power it selfe be so pernicious as it appears to be by what was said before , surely to put it into such hands as by this modell are to have it , must needs make all juditious and impartiall men much more averse from it . for first , that it admits of no superiority of one above another , but requires a parity of those that governe , is like to produce manifold inconveniences . the resolutions both in publique affaires , and private mens causes will be very slow ; because many men , will be of different judgements and affections : and such as are not soon brought to agree in one determination . the difference of opinions and interests is like to breed factions and contentions . the decisions are in danger to be often corrupt , because it is harder to find many men of skill and integrity then one . these inconveniences are like to be bred by a parity of many governours : and those that episcopacy is accused of , are not likely to be removed by this parity , but augmented rather , for both reason and experience may teach us , that amongst many equals , popularity will make some one the leader of the rest ; and he will offend more boldly then if he were indeed a bishop , because howsoever he do amisse , yet he can excuse himselfe , and lay the blame upon others . secondly the mixture of lay-men and ministers together in the exercise of this power is of very dangerous consequence . it is like to breed acmulations between the ministers and the laity , while each one sides with his own order against the other . men grossely ignorant in matters of divinity , must be judges of doctrine ; and they that cannot in a small time be taught what heresie is , much lesse how to discern heresie from truth , determine of it , and others be bound to submit to their judgement . men whose education and imployment is either in the field , or the shop , of whom a wise man once said , that they should not be sought for in publique councell nor sit on the judges seat , because they understand not the sentence of judgement ; men who neither know how to doe right if they would , nor would care for it if they knew it , ( for where the minde that should rule is weake , the corrupt passions that should be ruled , breake out into all disorder : ) these must be trusted with the making of church-lawes , and government even of those things that concern the precious souls of men for whom christ died ; to say nothing of their quiet , their reputation , and their purses , which will be all exposed to those injuries that may be expected from blind malice , revenge , envy , covetousnesse , partiality , and insolence . all these mischiefs are the more to be feared , in regard of the distempers of this sad time , in which this government is sought to be erected . for those that are slaves to their corrupt affections , and apt to be transported by them , though they be not provoked , will much more violently pursue their bad designs , if power be then put into their hands , when they are chafed to so high a decree of acrimony , this would the rather be thought of , because the entrance into any businesse of concernment as it is good or evill , lightly seasons the subsequent proceedings with the same relish : so that inconveniences brought in at the first setling of a government , can hardly ever after be rooted out . thirdly , let it be considered what kind of persons stand fairest to be chosen for lay-elders . if wee make our judgement herein , upon observation of those dispositions , which qualifie men for the peoples favour , we shall finde them to be , for the most part , either activenesse or greatnesse . in some parishes he can do most , who though he hath neither wealth , wit , nor honestly , is yet most active and busie : and if this be the choice , those will be trusted with the spirituall power that are aptest to bring all to ruine and confusion . but if greatnesse beare the sway , ( as in most places it is like to do ) then shall men of great estates and dealing in the world , great landlords , noble-men , and gentlemen , be lay-elders : who will use their power to enthrall their tenants , dependents , and inferiours to them , and bring the yeomanry and husbandmen of england to such a slaverie , and vassallage under them , as that sort of men groane under in scotland . fourthly , though appeals may seem to afford some remedy , yet is that of little use , being a matter of so much trouble and charge to go from the parish-session to the classis , and from thence to the provinciall assembly , and from thence to the generall assembly , before a man can come at the parliament : so that very few men can make use of it . wherefore since appeals leave the most men without remedy , it is a madnesse to make those men judges in the first instance , that are so like to judge amisse . fifthly , the constitution of generall assemblies for the number of ministers and lay-elders to be sent from the severall presbyteries , being at the will of the same assembly , is very uncertaine , and may surprise those that little dream of it , and take away all power from either the ministers or the layty before they be aware . for if in some one generall assembly practises shall prevaile to over-prise one part with a greater number of the other ; that part that then gets all the power into their hands , will keep the other under irrecoverably : and of this mischife scotland will affoord an instance . lastly ; in this forme of government such a multitude of men have a share , that if they shall be found to abuse their power to the prejudice of the state , it will hardly ever be possible to get it out of their hands again . for example , if church-government be put into the hands of the ministers and lay-elders of almost . parishes , and thereby some inconveniences not yet fore-seen shal arise which shall induce the state to change it for another forme : how shall they be able to wrest the power out of the hands of a faction so numerous , who having found the sweet of rule will bee loath to part with it ? of the exercise of the presbyterian power in scotland , and the lawes there imposed on the peoples necks . it now remaineth that by considering their particular lawes we shew how grievous the exercise of this power wil be to all sorts of men that live under it . . it hath been shewed already that the presbyterian government requireth that all ministers be appointed by a popular election , and utterly dis-alloweth patronages of livings that have cure of soules : which will be prejudiciall to the nobility and gentry , despoiling them of their inheritance . and if any shall object that either in this or any other matter their practice differs from their rule , let him mark what caution is given in the preface to the bookes of discipline . to distinguish betwixt the kirks purpose and intention in every particular , and their possibility to performe and practise as circumstances concurred , or were contrary : and he shall find that the practise prevailes onely because they want power to alter it , and that they will never rest satisfied , till they obtain their purpose . . they are no better friends to the ministers , then to the nobles and gentry : for their lawes provide that they shall be kept poore enough , to make both them and their doctrine servile to the peoples humours . their benefices must be changed into stipends . that which is called the benefice , ought to be nothing else but the stipend of the ministers that are lawfully called , . book of discip. chap. . these stipends must be raised out of the rents of the tithes which are paid to the deacons by the owners , and out of them must the poore and the schooles be provided for , as well as the ministers . we think it a most reasonable thing that every man have the use of his owne tiends , provided that he answer to the deacons , and treasurers of the kirk , of that which in justice shall be appointed unto him . we require the deacons and treasurers rather to receive the rents then the ministers themselves ; because that of the tiends must not onely the minister be sustained , but also the poore and schools . booke of discip. . head , of the rents , &c. yea the second book of discipline , chap. . goeth further , and will have the kirk rents divided in foure portions , whereof the minister must be content with one , the other three to be for the elders , deacons , and other kirk-officers , doctors , schooles , the poore , reparation of the kirks , and other extraordinary charges for the kirk and common-wealth : the words i omit for brevity . when all these collops are cut out , the ministers part is partly taxed , and partly left to the curtesie of the kirk . it is thought good that every minister shall have at least forty bolls meale , twenty six bolls malt , to find his house bread and drink , & more , so much as the discretion of the church finds necessary , besides mony for buying of other provision to his house , and other necessaries : the modification whereof is referred to the judgement of the kirk , to be made every yeare at the chusing of the elders and deacons of the kirk . . book of discip. . head , of the provision for the ministers , &c. their glebes if they exceed six acres , they are content shall be deteined . if any glebe exceed six acres of ground , the rest to remaine in the hands of the possessors till order be taken therein . . booke of discip. the . head . in general this government insults upon the inslaved people with all sorts of heavy burdens and vexations . when they have brought the ministery into so poore a condition that few but the lowest of the people will willingly enter into it : then to supply that defect , they have lawes to compell men to take that function upon them , and parents to dedicate their children to it , by the censures of the kirk and the civill power . your honours with consent of the church are bound by your authority to compell such men as have gifts and graces able to edifie the church of god , that they bestow them where greatest necessity shall be knowne . . booke of discipline , . head . of admission . the rich and potent may not be permitted to suffer their children to spend their youth in vaine idlenesse , as heretofore they have done : but they must be exhorted , and by the censure of the kirk compelled to dedicate their sons by good exercises to the profit of the kirk and common-wealth . . book of discip. . head . sect. of the necessity of schools . and if any be found disobedient , and not willing to communicate the gifts and speciall graces of god with their brethren , after sufficient admonition , discipline must proceed against them : provided that the civil magistrate concur with the judgement and election of the kirk . . book of discip. . head , sect. for prophecying . with them it is not enough that the younger sort be catechised before their first admission to the communion , but all persons must be held as children all their life long , and once a yeare at least be examined in the principles of religion : which examination ( to use the phrase of their own book ) is like to be sharp enough , to those that know not the wayes of molifying their examiners . of necessity we judge that every yeare at the least , publique examination be had by the ministers and elders of the knowledge of every person within the kirk . . book of discip. . head . of policy . those that thought twenty six holy-dayes in a yeare a burthen if this government be brought in , must have one day in every week taken from them ( besides the sunday ) and set apart for sermons , and prayers , from labour both by masters and servants , at least during the time of the publique exercise . every week once let the congregation assemble to hear some place of the scriptures orderly expounded . psalm-book . sect. of the interpretation of the scriptures . in every notable town we require , that one day besides the sunday be appointed to the sermon , & prayers : wch during the time of sermon must be kept from all exercise of labour , as wel of the master as of the servant . . booke of dis. . head . of policy . those that complained of the bishops courts once in three weeks as an intolerable vexation ; if this government be set up , must be yoked with a consistory one day in every week : so that they shall have but foure dayes in seven free , to do their own businesse . it is ordained that every thursday the ministers and elders in their assembly or consistory , diligently examine all such faults & suspitions as may be espied , not onely amongst others , but chiefly amongst themselves . psalme-booke . sect. of the weekly assembly , &c. if a man be acquitted of homicide by the temporall judge , the presbytery holding him to be guilty , take upon them to impose satisfactions upon him at their discretion : which is both an affront to the temporal judge , and a grievous vexation to the party , who perhaps is innocent , and maybe a pretence for them to put their hands in the subjects purses , if they shal thinke fit , to require a pecuniary mulct for satisfaction . if the offender abide an assise , and by the same be absolved , then may not the church pronounce excommunication : bu● justly may exhort the man , by whose hand the blood was shed to e●ter into consideration with himselfe how precious is the life of man before god , and how severely god commandeth blood , howsoever it be shed except it be by the sword of the migistrate , to be punished : and so may injoyn unto him such satisfactions to be made publike to the church as may beare testification , of his obedience , and unfained repentance . psalm-book . in the order of excommunication . that this presumption of their putting their hands into mens purses is not groundlesse , may appear by another of their constitutions , wherein they take upon them to tax damages upon capitall offenders convict before the temporall judge , and to moderate between the offender and the party offended , in that point . the sentence of excommunication once pronounced , the church may not suddenly admit the murtherer or convict adulterer to repentance and society of the faithfull , albeit that pradon be purchased of the magistrate : but first ought inquisition to be taken , if the murtherer have satisfied the party offended , that is , the kin and friends of the man slain : which if he hath not done , neither is understood willingly so to doe , the church in no wise may heare him . but and if he be willing to satisfie , and the friends exceed measure and the possibilities of him that committed the crime , then ought the church to put moderation to the unreasonable , in case the civill magistrate hath not done so before . psalm book . in the order of excommunication . by their lawes they make such things punishable , as wil leave no man in safety with whom they have a mind to quarrel . if a man conforme not his words , his gestures , his expences , his diet , his apparell to their liking : nay , it they doe but suspect him to be inordinate in these things , they convent him , and admonish him , and if he obey not their admonitions , they thunder out the sentence of excommunication against him . wanton and vaine words , uncomely gestures , negligence in hearing the preaching , or abstaining from the lords table when it is publiquely ministred , suspicion of avarice , or of pride , superfluity , or riotousnesse in chear or rayment : these we say and such others that of the world are not regarded , deserve admonition amongst the members of christs body . — if he continue stubborne , then the third sunday ought he to be charged publiquely to satisfie the church for his offence and contempt , under the pain of excommunication , psalme-booke . in the order of publike repentance . this is an unheard of tyranny , when a man may neither order his estate , nor weare a garment , nor eat , nor spe●ke , nor looke , but at their liking : yet this is not the worst , for these lords paramount , take upon them to be judges not only of externall things , but even in mens inward thoughts and affections too , if they be by any means discovered to them . the magistrate handleth externall things onely , and actions done before men : but the spirituall ruler judgeth both inward affections , and externall actions in respect of conscience , by the word of god . . book of dis. chap. . the conclusion . out of that which hath been said , i conclude , that this form of government would prove pernicious both to our king , parliament , ministery , and people : and that the relations that have been published of the presbyterians affronts done to regall power in scotland , their contests with parliaments , the confusions by them caused , and their injustice and tyrannie over the people : are very well consistent with their principles . that those who are so earnest to set up here that government and discipline , are therefore zealous for it because they know it not . for otherwise it is hardly possible that any that will know a thing so unlovely , should be so far in love with it . especially if we consider , that this which yet appears is but the lions paw : his whole body is not yet seen , nor easie to be seen , but lies lurking ( a great part of it ) in the registers of their assemblies and sessions never yet published to the world , so that all the judgment we can make of it is , that by the badnesse of that little that we see , we may suspect more of the rest which we see not . for that there is yet much more unseen , let the preface of the books of discipline bear witnesse . under the name of discipline is to be understood , not onely the particulars expressed in these two books , but also the acts , constitutions , and practices agreed upon and recorded in the registers of the generall and provinciall assemblies , presbyteries and kirk-sessions . that the forwardnesse of the scots to get it here established proceeds not ( in probability ) from any love they bear to the thing it self for its own sake : we may rather presume that themselves ( except them whose turns are served by it ) are weary of it . wherefore we have rather cause to suspect that there is something of vlysses in it : and that they would bring i● in upon us like the trojan-horse with the belly full of armed men , to take our troy-novant : that because they know it cannot here be setled without a war , nor that made without their assistance , they may use the help of our own hands to put their yoke upon our necks , and give law to our nation , which they of late so much disdained to receive from us . that the parliament hath done very prudently in declining so constantly the erection of this government . i wish that their decree of election had been as provident as this of reprobation . for i consider , that in that mixt form of government which instead of it they have chosen for a time , they have not onely displeased the presbyterians in that which they have denyed ; but also the brethren of the congregationall assemblies in divers things which they have granted : as namely , in excluding from their voice in the election of elders , those that are not satisfied of the lawfulnesse of taking the covenant and servants , as if difference of opinion could deprive men of those priviledges whereto they have as good right as others that have no scruples , or as if in spirituall things there were any difference between bond and free : in forbidding any to be chosen an elder but where kis dwelling and most residence is , whereas perhaps he cannot consent to be of that congregation : in making those judges and tryers of elections which are not members of that congregation where the election is made : in appointing a subordination and subjection of congregationall elderships to the government of classicall , provinciall , and nationall assemblies , and making them judges of appeals from the other : in forbidding one congregation to admit him that is suspended from another without their certificate : in authorizing the civill power to judge spirituall causes , and in leaving the repentance and restoring of suspended persons wholly to the discretion of the presbyterian eldership . so , that this mixt forme set up by the parliament , may prove like the interim of charls the fifth , which being a middle way of religion between the protestants and papists made to reconcile them , and compose differences till a means of more perfect union might be found out , displeased both sides , and by alienating them both from him , stopped the growing greatnes of that mighty emperour . and the like effect may this english interim produce , discontenting both the sides , and provoking them to faile the parliament when they have most need of them . wherefore it would be considered , whether to avoid the difficulties , otherwise insuperable , it were not better to be content with that government , which was before ; which would certainly conciliate one side , and ( if their professions may be believed ) least displease the other two . for , as for the alienation of the bishops lands from the church ; the hope whereof may perhaps make some men resolute to persist in the endeavour to root out that order : let them but consider how the first book of the scots discipline , . head , requires them to bee retained in the use of the kirk ; how the second book . chapter determines , that the alienation thereof to prophane uses , is detestable sacriledge before god , how their psalme-booke appoints it in one of their formes of publique prayer to be confessed as a grievous sin , how the kirk of scotland in their declaration made since these times , renew their claime against the possessors : lastly , what power the presbyterian-preachers will have over the consciences & affections of the multitude if that government go up , and by the multitude against all that are not favoured by them : and they will easily conclude , that they cannot possesse them long in quiet . finis . a letter of due censure, and redargvtion [sic] to lieut: coll: john lilburne: touching his triall at guild-hall-london in octob: last. . wherein if there be contemper'd some corrosive ingredients, tis not to be imputed unto malice: the intent is, to eat away the patients proud, dead flesh, not to destroy any sincere, sound part. parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) a letter of due censure, and redargvtion [sic] to lieut: coll: john lilburne: touching his triall at guild-hall-london in octob: last. . wherein if there be contemper'd some corrosive ingredients, tis not to be imputed unto malice: the intent is, to eat away the patients proud, dead flesh, not to destroy any sincere, sound part. parker, henry, - . [ ], [ ] p. printed by fr: neile, london : . signed on p. : h:p. annotation on thomason copy: "by henry parker esqr"; "june. ". reproduction of the original in the british library. eng lilburne, john, ?- -- imprisonment -- early works to . civil rights -- england -- sources -- early works to . a r (thomason e _ ). civilwar no a letter of due censure, and redargvtion [sic] to lieut: coll: john lilburne:: touching his triall at guild-hall-london in octob: last. parker, henry b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - elspeth healey sampled and proofread - elspeth healey text and markup reviewed and edited - pfs batch review (qc) and xml conversion a letter of due censure , and redargvtion to lieut. coll : john lilburne : touching his triall at guild-hall-london in octob : last . . wherein if there be contemper'd some corrosive ingredients , t is not to be imputed unto malice : the intent is , to eat away the patients proud , dead flesh , not to destroy any sincere , sound part . sam: . . and when king david came to bahurim , behold , thence came out a man of the family of the house of saul , whose name was shimei , the son of gerah : he came forth , and cursed still as he came . . and he cast stones at david , and at all the servants of king david : and all the people , and all the mighty men were on his right hand , and on his left . . and thus said shimei when he cursed , come out , come out thou bloody man , and thou man of belial : . the lord hath returned upon thee all the blood of the house of saul : and behold , thou art taken in thy mischief , because thou art a bloody man . . and david said to abishai , and to all his servants , &c. let him alone , and let him curse ; &c. it may be that the lord will look on mine affliction , and that the lord will requite good for his cursing this day london : printed by fr : ne●le . ● . you benjamites which envie judahs crown , cursing weak princes , when their hands hang down : which limit god by your intayles , and spight scepters transported by his soveraigne right : which scorn the son of noble jonathan , as a desponding , poore , unhearted man , because he can behold without regret his fathers flowers in davids garland set : expect black-mouthed shimeis tardie fate , the sword of heaven trenches deep , though late . sir , gods strict injunction obliges us all , to reprove sin , wheresoever we finde it : and as far as reproof has any vigor in it , to endeavour the reducement into the right way of all such as wander from it through ignorance . i being therfore to direct this my reprehension , and censure to you , desire you to accept of it , as injoyned by god himself : for i have read the relation of your arraignment in octob : last , ( the same as is verified , and avowed under your own hand ) and my conscience tels me , i should deal unfaithfully with you , and neglect gods command , if i should not strive to convince you , of the great scandall , that has been given by it to all good , and wise men . if i my self erre , or transgresse my bounds in this censorious , redargutory addresse of mine : i desire the like freedome from you ; well knowing that in many things , we offend all : and therfore , god forbid , but i should be as readie to ask pardon , where i give offence , as to grant pardon where i receive any . nay i am not more forward in begging your pardon when i know i have offended , then i am in challenging your censure , wherein i have offended , when i know not the same my self . alas , it is a wofull obstinacy in some men that they will not hear , and it is as wofull a timidity in others , that they will not give just , and due reprehensions . i doubt you are hardned in your errors , because so few declare against you : yet i hope , this will easily sink into you , that other mens silence , when you are really become a publick scandall , will neither be able to acquit you before god , nor disoblige them . this man pretends you are a stranger to him , that man intimates you are belowe his reprehension : a third , objects , that you are mordacious , and so wilfull , that you are beyond the benefit of any ingenuous reprehension : but sure , gods command of an office so just , and charitable , as christian objurgation is , is not so to be superseded , or eluded . your sin becomes mine , upon my silence , because i endeavour not to cure you : and my sinfull silence addes to your trespasses , because it renders you the more incurable . for , first , all english protestants are to regard you as a brother within gods command , and not as a stranger without it , for our common mother the state of england , and our common mother the church of england , has a share in you : and necessarily must suffer losse by the loosing of you , or gain by the reduction of you : and so in both these respects , or consanguinious relations ( religious , and politick ) you are to be tender'd as a brother , though perhaps your face be strange to us . nay gods command of reprehension is so large , that he that may be made my brother by it , though he be not so as yet , is capable of , and may require at my hands all faithfull brotherly offers from me . ly , if you were bred a man of trade , and not of letters : no man , how learned soever , can therfore alledge , that t is too inglorious a task for him , to contest with you . your want of literature at the last day will not make you uncapable of charity , or absolve them , who fail in the offices of charity towards you ; the duty of reproof was not imposed upon us by god , that we might gain victory to our selves , but that we might recover souls to him : wherfore if any man make use of reproof only for triall of his wit , and affect therein a garland above truth : that man setting himself on work is to receive wages from himself : he remains still a debtor unto god , but t is not to be expected that god should be made a debtor unto him . ly : others testifie not against you for fear of your maledicency and inflexibility : but neither are these so to be acquitted before god . for god does not call all men in the forenoon , nor in the third , nor fourth houre of the afternoon : it belongs to us , early and late to admonish , and advertise , and with patience to expect gods time , and good pleasure whether he will prosper our first , or our latter endeavours . besides if gods call has preceded , yet we still must wait with patience , for his call does not alwayes work a sensible change in the first moment , especially in men of rugged dispositions , and in those things which are most congeniall to the ruggednesse of their dispositions . lastly , if a sensible , apparent change has been wrought by gods call , yet still more patience is required of us , forasmuch as there is so much instability , and lubricity in the best men , that none of us are absolutely free from temporary relapses , and strange defections at sometimes . these things therfore will charge justly all of want of charity , or pusillanimous despondence , who see other mens deviations , yet seek not to reclaim them , and receive scandals often times , yet use no endeavours to amend them . but i hasten to the principall scope of this letter , and to the particular heads of those things , for which you are lyable to reproof . . the first thing , which in reading the manner of your triall gave me scandall was : your prolix urging , and repeating of very many impertinent things , and yet complaining withall , that a just , and due freedome of speech was taken from you ; t is most evident , ( though you were not satisfied with your own vain loquacity ) that a multitude of frivolous things fell from you too unworthy to detain the meanest and idlest of your auditors , much more unworthy to entangle a bench of such honorable , and sage commissioners . . the second was : your laying hold of divers shifting cavils , and shufling exceptions in law which were only fit to waste time , and procure trouble to the court , ( they were far from making any defence for you at all ) and yet complaining at the same time , that the law was forced , and violented to your destruction . . the third which convinced me of your ignorance , if not of your impudence , was the utmost strength of your most formal pleas , and reasons in law : for in my minde even those , though you demeaned your self strangely presumptuous upon the justice of your cause , and upon your knowledge of the law , were exceeding defective , and insufficient . . the th . thing which gave me deep offence , and left you totally inexcusable in my judgement , was your bitter raylings against the judges , nay your most filthy reproachings against all law , and authority , i might almost say against humanity , and divinity too ; and yet still whilest you treated your judges as the most despicable creatures in the world , your complaint was , that you were most villanously treated your self . . the th . thing which deserves a keen reproof from all honest men , was your assayling the sincerity of your jurors so diversly , it was very plain that by the insidious clamors of your disciples , you attempted them one way , and by other subtill blandishments you seemed to winde your self into their favours another way . for though you had the hap to amuze your . men , there is scarce any honest man in england , that is not moved to a great deal of disdain at the grosse attempts which you made to debosh them both wayes . of these in this order . . in your arraignments first entrance being call'd upon to hold up your hand ▪ acco●ding to the old custome and law of england , by way of anticipation you demand freedome of speech : a thing you could not d●ubt of , provided you would not extend the bounds of your freedome too far . but it should seem your demand was for freedome of speech void of all bounds , and that your judges might put no difference betwixt matters alleaged proper for the time , place , and triall in hand , and matters utterly improper : you must have it as free for you to waste time away , and to abuse the courts patience by trifling , as to defend your self by opening the true state of your cause , and giving judiciall answers to your indictment . you begin therfore with long harangues of what had passed at westminster , and oxford , at some arraignments of yours before the house of peers , and judge heath : and then making no just use thereof : you descend as causlesly to speak against clandestine trials , and upon that occasion you inform the court , what had once been debated betwixt m : miles corbet , and your self at a committee for examinations . from thence you slide to the great exploits that were done at brainford against the kings army by your self , and some few others . from thence you digresse to some conference betwixt the lieutenant of the tower , and your self , wherein is laid open what faith you had given him to be his true prisoner . you next rove further from thence , and inform the court what the l : president bradshaw , and m. cook had pleaded for you in . against the rigorous urging of oaths by the lords of star-chamber : likewise , what your city friends formerly had suggested for you in their petition : what estate of yours had been seiz'd upon by some ministers of the parliament : what incivility the souldiers had shewed in apprehending you : what coll : walter long had spent the king during his imprisonment in the tower : what you had read in the law-books against speciall commissions of oier and terminer : how requisite it was that your judges should expose their commission to your exception , that their power of judging you might so be submitted to your power of judging them . to conclude , ( though you concluded not so ) after much more obstreperous contestation about so many severall impertinences , you vouchsafe at last to arrive at your trials introduction , to wit , the first ceremony of holding up your hand to the court , and even that ceremony also must afford you a larger field for your eloquence to expatiate in . this was your preludium in the forenoon of your first day : and to trace you further through all your extravagancies , for two entire dayes would be endlesse : but by this preludium any man may easily discern what lessons were played afterwards , when your pipes were once throughly tuned . you will perhaps say , though these and some other passages ( by you repeated more then once , ) were forrein to the main issue of guilty , or not guilty , yet inasmuch as they did some way tend to move commiseration in the people , they were not altogether unseasonable , or improper . but this supposes that you were brought to the barre aswell to work upon the multitude , and catch the affections of the injudicious , as to satisfie your sworn judges and jurors in matter of law , or fact : which is a thing not at all to be supposed . for you must needs grant , that it belongs not to the common people that are admitted to see and hear , to passe any judgement at all : that it belongs not to the judges to see or hear , as the common people do : that publick persons are to devest themselves of private affections : that if your judges might not look upon you with private eyes , or acquit you of present guilt in regard of past merits , or former sufferings ( which is not allowed to them ) yet they are not to be swayed at all with your bare averments of your own merits , and sufferings without sufficient testimony , and examination of others . you know the old theorems of law : judges are to proceed , and passe sentence not secundum allegata , bu●secundum allegata & pro●ata : and therfore in all courts of justice , things not made apparent , are in the same predicament , as things not existent . it appears therfore , that all these discourses of yours , wherein so many houres were consumed , were improper , and extrajudiciall ; and this appearing so cleerly : with what front could you pretend , and clamour as you did , that freedom of discourse was taken away from you , and that all that was due to an english man was denyed you ? is it possible , is it reconcileable to sence , that you could be abridged of just liberty in pleading things pertinent , and yet at the same time range abroad so wildly , and profusely lavish away your oratory in things so impertinent ? two entire dayes were spent in your triall ; and yet it is most evident by the short issue you were put upon , ( viz : whether you were the author or no of such , and such pamphlets ) that as much businesse of other mens uses commonly to be dispatcht in a quarter of the space , as was dispatcht then of yours . your own narrative also set forth by your own approbation ( if not order and direction ) shews , and ocularly demonstrates , that in your long triall , neither the commissioners on the bench , nor the counsel● at barre took up half so much time in speaking , as you your self did . there can be no error in this , if we will but number your leafs , and lines of your own panegyricall , ostentatious relation . besides not only the prolixity , but also the acrimony of your language testifies against you : for men that are restrained from speaking , are much more restrained from speaking insolently , maliciously , and abusively : and the same authority that checks modest language , wil serve to choak up , and obstruct all immodest expressions . sure , you were not wel advised , when you suffered this book of your triall to passe the presse : for it either contradicts you , or it self ; inasmuch as in some places it contains very passionate complaints to yours against the court , as if it triumph'd over you , and debarr'd you of a free defence : yet the whole tenor of it from one end to the other declares amply , and pregnantly , that your judges were by you treated as the most abject captives in the world , and , as it were , dragd up and down before the vulgar only to grace your chariot wheels . in due place i shall instance to you , and give in particulars how insulting you were , how the ears of your judges were alwayes deafned almost with their own reproaches , and all other mens mouthes stopped with your hyperbolicall boastings . such odious shamelesse things were scarce ever vented by any brawler whatsoever , in any place whatsoever , much lesse did ever any prisoner at barre presume to spit such things in the face of justice it self . but my order leads me next after your meer impertinences to your frivolous cavillations . . i shall here only recite , with much brevity , some of your principall subterfuges , and demurring pretences , and then let the world judge , whether ever any tribunall before would suffer justice to be so bafled : or any prisoner before ever thought it worth while to lay hold of such poore advantages . the ceremony of your hands erection must first be explained to you ; and when by its explanation it appears harmless , and of a reasonable signification , you will agree to do something equivalent , and tantamount , but the ceremony it self , and its ancient authority you will not submit to . for your judges commission , you must first be advised whether it be generall , or speciall : and when you are advised that it is not speciall : yet you must have leave a great while to shew your learning and reading against speciall commissions . when you are to plead to your indictment of treason ( guilty , or not guilty : ) you must first spend time in pleading against such pleading : and when that will not prevail , you give in a conditionate , delusory plea , such as you think is good enough for the triall to proceed upon whilest you please , but may be revoked at your pleasure . when your indictment is read , you must have a copie of it , you must have space for eight or nine dayes to put in exceptions against it : you must have counsell assigned you to prepare those exceptions : and if these things be granted , ( which you know were never granted in england , or elsewhere ) you will vouchsafe to make an absolute , binding plea . when the question is put , by whom you will be tried : you will not say by god and your countrey , because that is a form anciently prescribed , but after some time wrangled away , you will yeeld to the same in substance : that is , you will be tried in the presence of god by a jury of your equals , according to law . when you see your sophisms are not able to blinde your judges , you carp at the very honour of your triall : you repine at the bench for being adorned with so much learning , and for being filled with so great a number of judges , aldermen , knights , esquires , &c. no lesse then fourty in all : nay neither your judges , nor the grand jury ( though they were choise men also ) could escape the brands of suborned persons , and conspirators against your life . when the judges , to pacifie your impetuous noise for counsell , promise you shall have it , as soon as matter of law arises out of matter of fact , and in the mean time assure you they ( according to their duty ) will be faithfull counsell to you , you answer , that your indictment is nothing else but matter of law . when a second day is granted you to produce witnesses ( a favour not expected by other delinquents , who at their perils are to be alwayes readie with their witnesses to purge themselves of any crime ) instead of bringing witnesses , you begin that second day with a disavowing of your plea . when you have used all art your self in consuming , and dallying away time , you demand leave for your sollicitor that he may come in upon the court , as a fresh reserve of yours . when the petit-jury appears to be sworn , you are not contented to except against them your self upon your own discretion ; you desire your friends may be admitted also to except against them , because perhaps some of your friends may know some of them better then you do . when witnesses appear to prove you the author of such a book , you prescribe them to swear to this individuall book , viz : that this identicall book was delivered to the printer , and this identicall book is intimated in the indictment . when a single witnesse appears against you , though he be seconded with never so many pregnant circumstances , and strong presumptions , yea though others contest also to the same thing , only not acted in the same place , and at the same time ; you then waive the municipall law of england , and prefer the civill law before it : t is in vain for your judges to cite statutes against you : for either you are wiser then the statutes of england , or you are a wiser interpreter of the statutes of england , then your judges . when three competent witnesses depose against you as to the same seditious book , you say those books were not without errataes , and t is possible that the same book had had no seditious passages in it , had it not been for those errataes of the printer . when some of the books carried the signature of your own hand upon them , you put the atturney generall to his proofs that that was your hand : and if that be proved by the atturney , you tell him plainly , he gains nothing by it , for except the book be proved yours otherwise , the signature of your hand proves it not so . when the printers errataes will not help you , you say the book perhaps might be misdated , for if the book was made and dated before the act of parliament ( which condemned such books as seditious ) it was not seditious . when the act of parliament is proved precedent to the date , you say , perhaps the act was not duely proclaimed , or else the copie of the act read now , was not examined duely by the clerks book at westminster , or else the clerks book at westminster was no true parliament record . let it be supposed also that you are proved the author of such books , and the same to be treasonable ; yet still you defend your self with this , that in those treasonable books , you had no treasonable intent , and then you are still upon this guard : mens , non actus facit rem : the law condemns none for a treasonable act , except his intent be proved treasonable . alas , what is there , that can escape your exception ? from the judges , and the laws , and the witnesses , and the informers , and the jurors , you proceed at last to except against the door-keeper of the jurors . you pretend , forsooth , that the very door-keeper has exprest something of bitternesse against you : and therfore you move that the doore of the roome where the jurors are to agree of a verdict , may be kept by some other man more impartiall towards you . who ever heard of such dallying capritioes before in any court of justice ? who ever heard of any judges hands bound up before by the like nugatory cavillations of any prisoner whatsoever ? you think your life a strange prey , that all the world should be such greedie hunters of it : but i think your soul a strange purgatory rather , that so many jealous , uncharitable thoughts , like zim , and ohim , should be disquieting haunters of it . the parliament is partiall , and conjured against you , because some members of it have been provoked by , and put at a distance with you by some enmity of yours : the atturny generall is no competent prosecutor against you , because he is a burgesse of parliament : the judges are excepted against , because they are created by the parliament : and all the rest of the bench are to be suspected , because , forsooth , they may be mislead , and over-born by these creatures of the parliament . thus to you justice can never be administred , till the world be new moulded , nay nor yet so , except you have the new moulding of it . but i pray tell me , do all these objections , and prolongations of yours savour of a dejected , oppressed spirit , or could they proceed from an imprison'd , over-awed tongue ? judicet orbis . surely you did direct these futilous , empty umbrages of reason either to sway wiser judgments , or onely to infect , and trump the ruder multitude : if the first , you render your self a very deliring man notwithstanding all your reading of the law , which you vaunt so much of : if the second , you merit the brand of a frontlesse impostor , and seem to prefer mahomets politicks before machiavels . . i come now from your impertinencies , and cavils to the more rationall , and formall part of your defence : but what true strength there was in your best arguments , and pleas ; let the world judge , and decide . you begin with the commission , by which the court sits upon you , and is qualified to absolve or condemne you . you argue stifly that you ought to hear it read , and passe your censure of it ; nay you pretend all other commissions , besides those ordinary ones , wherby the countrey assizes , and quarterly sessions are held , are against law . by this , it should seem , the judges come upon the bench to be judged of by prisoners at the barre , aswell as prisoners at the barre come to be judged by the bench . for if the partie arraigned may freely question , and dispute the authority before which he is arraigned , there must be some other court to determine betwixt him , and his judges , or else he and his judges being both cloathed with equalty of jurisdiction , must depart upon equall terms , without any judgement passed on either side . and if so , what issue , what effect can justice have ? i do not deny , that a prisoner may be wrongfully condemned , i do not denie that a prisoner so wronged is remediable : i onely deny , the prisoner to be a competent judge of such wrongs . upon this reason it stands , that a prisoner may appeal to a higher judge from the lower , but his right of appeal derives to him no right of judgement : nor can appeals lie but onely from inferiour courts . for if there were a freedome of judging due to prisoners , aswell as of appealing , all impeachments , and criminall charges would be endlesse , and utterly uncapable of determination . commissions hereupon are directed to the judges , not to prisoners , and being warrants for the judges to proceed upon , and to justifie their sentences , not rules , or laws by which prisoners are to stand or fall , they ought to be read , and examined by the judges , but not so by prisoners . besides , though it may be proper for a prisoner in some cases to appeal at last from his judges , where they have not rightly pursued their commission : you he cannot plead at first to the vertue of the commission , forasmuch , as in so doing he appeals not to , but from the supreme authority : nor can he plead want of legall form in the commission , forasmuch as that pertains to the danger , or indemnity of his judges , not of him : and if he were as much concerned in it , as his judges ( which he cannot be ) yet t were absurd that his judgement should be made equall , or superior to the judgement of his commissioners . t is by you taken for granted , that the speciall commissions of oier , and terminer in the north ( which were first granted by hen : the th : and after continued by all his successors ) were illegal , and unformall : if we should grant this too ( as we do not ) you may conclude , that the commissioners which acted thereupon , were answerable for acting without a sufficient warrant : but you cannot conclude notwithstanding , that any delinquent , or defendant suffered unjustly therby , or was condemned contrary to law therupon . moreover , it is high arrogance in you to condemne all extraordinary commissions of oier , and terminer ; and to say that the stat: of westmist : the d . ( where the supreme power of the nation , king , peers , and commons , was present , and did cooperate ) by which such extraordinary commissions were establisht , was an irrationall innovation . you may as justifiably say , that ed : the d. and all the kings , and parliaments since to this day have deserved your correction , and subjected themselves to your vile exprobration , for that they also have confirmed , and kept in force the same irrational innovation . what an unlimited liberty do you take to your self ? such things are irrationall innovations , because you affirm , they are contrary to magna charta : and yet you know well , the power and majesty of england , the same as created magna charta it self , by severall statutes , and by a continuall confirmation of practise for the space of above . yeers , have declared them neither to be innovations , nor contrariant to magna charta . wherfore since your judgement cannot bow to any , nor can pay a reverent submission to the authority of so many parliaments , or to the prudence of so many ages , what satisfaction are you capable of ? you will say this parliament in . when it consisted of . or . hundred members , and when it was an undeflowred counsell condemned , and abolisht the northren court . let it be so : that particular court had declined from its primitive institution , and so was thought fit to be dissolved : but you know after much debate about the abuses of extraordinary commissions in generall , and after a full poizing of all that could be urged on both sides , nothing was concluded further against them ; and so the parliaments resolution at last makes as much against you , as its debate at first makes for you , exceptio in non exerptis firmat regulam . more was delivered at your triall by the atturny generall , and the judges touching this subject : and that this commission by which you were to be judged , was not speciall but generall : i shall not therfore adde any more at present upon the subject , but refer you to your own memory . i shall onely supply this advertisement , that whatsoever illegality can be objected against speciall commissions , it more befits and imports the commissioners , then their prisoners arraigned before them , to dispute the same . and wheras you appeal ( as it were ) from this present devirginated parliament , to that which sate in . which acted so gallantly , as you say , for universall liberty ; and not for self-interest : you must be reminded , that none but parliaments ought to judge of parliaments : and that parliaments become no parliaments when they are liable to the censures of private persons . you may be also further reminded , that the parliament of . which was so pure , yet in . afforded a great number of revolting members to the king : such as you your self then judged revolters . nay the same parliament in . afforded yet many more revolters in your construction , for your first quarrell against the parliament was , that it did not then purge it self of the degenerate members that assembled with m. h : pelham . this is therfore a contradictorious humor in you to decry the parliament in . that you may extoll the parliament in , when according to your own former judgement , the parliament of . is only the unrevolting remainder of the parliament in . the next thing you complaine of , is : that you are not arraigned in your own county at the assizes , and that you were not apprehended by the civill officer , although the nation be now in peace , and you one that neither sought to flie , nor make resistance . here you suppose that you are an ordinary person , that these are ordinary times , that the crime you are indicted for is an ordinary crime , and so you infer , that this apprehension , and arraignment of yours being extraordinary is against the common right and freedom of the nation . but . . for your person , you are not a common malefactor ; you are presumed , upon no light grounds , to be the head , or one of the heads of a dangerous , and desperate faction ; and faction that has already been in arms , and is still watching new opportunities of rising again in arms ; a faction that has used all endeavours to disband , divide , and debosh the army , and to effect the same is willing to combine with royalists , or any forreigne invaders whatsoever : the crime charged upon you is as hainous as can be , t is vigorously attempting by all manner of practises , and correspondencies , especially by seditious pamphlets , to imbroyl this nation in a third civill war , and so to subvert the settled form of government . the former wars have been exceeding bloody , and long it was before the nations wounds could be stanched , wherfore another tearing open of the same wounds , would in probability make them more mortal , and more hard to be healed , then they were before . . for the times they are not so calm , and secure , as your party , together with the royalists , would fain make us to believe they are , to the end that you might the better incense the people against taxes and excise , and so wrest our arms out of our hands : we have not indeed ensignes flourisht against ensignes in the field , nor weapons openly drawn against weapons , but every summer almost we have new insurrections , and even now we keep our colours unfurl'd , that we may keep yours furl'd : and our swords remain unsheathed to daunt you from unsheathing yours . non recurrendum est ad extraordinaria in iis quae fleri possunt per ordinaria : we grant you so much : but you must then as freely grant to us ; that where ordinary remedies are not so safe , and available , we must have resort to such , as are extraordinary . judge jenkins never read this maxime of the law to you , that a private mischief is rather to be chosen , then a publick inconvenience . for certainly neither he , nor you would so confound perpetually all persons , cases , and times , and be so oblivious of all necessity , and reason of state , as to put a private mans liberty in ballance against publick safetie , and to value some formalities in practise equall with the highest of all laws , if ever you had seriously studied this incontroulable , unerring maxime . besides , were that law by which you challenge an ordinary trial at the assizes in surrey , every way equivalent to the empresse of all statutes , customes , and formalities ( salus populi ) : yet neither so would your challenge hold : forasmuch as your treason ( if proved against you ) was committed not onely in surrey where perhaps your books were written , but in london also where your books were printed , yea in every county of the land where they were publisht , and disperst amongst the people . there is not a parish in england , or wales , but may appear to prosecute you for a generall disturber of peace , and mover of sedition , and one that has most desperately conjured against his whole countrey , and every part of it . the d : thing you argue against is the plea of guilty , or not guilty : t is against the petition of right , you say , that any man should be compell'd to answer interrogatories against himself : that the star-chamber court was abolisht for forcing such interrogatories upon us : lastly , that the practise of christ himself , and his apostles , discharges us from answering to such interogatories . you run here into a grosse mistake , for that you distinguish not betwixt the abusive framing , and inforcing of some speciall interrogatories upon oath , where the crime is not of publick concernment , and where other proof is failing , and where they extend further then to the point in issue : and demanding an affirmative , or negative without oath to the direct point in issue , where according to valid evidence a legall charge of publick concernment is preferred . if these things were distinguisht , you would not finde any thing in the petition of right repugnant to the old interrogatory of guilty , or not guilty . for since the d : of k : charls delinquents have been tryed , and held to this old plea , as well as before in all ages , and none of our judges ever yet sprung any such new interpretation , as you now spring , contrary to the custome of all times , and all nations . the odium that now lyes upon some interrogatories has been contracted either by the fraud of the party interrogating , or obstinacy of the party interrogated : wherupon the sweet-temper'd law of england , to prevent the mischief that might arise from either of these parties , that neither the one might strain questions too high , nor the other decline them too far , finds out a channell in the midst of the streame , neither totally abandoning them , nor giving too wilde a license to them . the civill law is very rigorous , and in many places uses racks to extort evidence from ordinarie delinquents , where there is but moderate presumption against them : and yet doubtlesse this rigor is more salubrious , then such a fondnesse as you now contend for , when you would reject all examinations in all case whatsoever . the star-chamber was grown to a great abuse of interrogatories in private suits and differences , and was therfore wisely abolisht : but this proves not , that the first institution of the same court , yea and its long continuation after under so many wise parliaments was unpolitick . for in times of reformation it often happens , that even good things , when they have been far deboshed , are prudently layed aside , and sometimes justly burnt , yea ground to powder , and made subjects of our detestation . well therfore might the lord president ( whom ) i shall alwayes mention with as much honour , as you with contempt , nay whom your contempt confirms to me to be the more honorable ) well might he detestate star-chamber examinations , as they had been abused in the late kings dayes , and yet not declare himself now an absolute enemy to all examinations whatsoever . the obstinate silence of delinquents , when they will not confesse , nor deny their guilt , is ever taken for a confession not onely by the laws of england , but by the laws of all other nations : and 't was more favour to you then you could challenge from your judges , that your plea , which you would not allow to be negative , was not taken for affirmative against you . t is true , if it were sin in a prisoner to confesse his guilt , it would be sin in a magistrate to presse him to such a confession ; but since t is rather a service to the god of truth , to affirm a truth in the midst of danger , i mean such a truth , as is of more advantage to justice , and to the safety of a state , then it is of disadvantage to the party confessing , what rigor is in the law , or in the judge , that requires such a plea from the prisoner ? for the objection , that evill minded men will deny guilt contrary to truth , of which untrue denyall the magistrate by this means becomes the occasion : t is answered easily : in as much as he which is no proper cause , though he be an occasion of offence , offends not therein : in as much also as the magistrate is not to prevent an uncertain offence by declining a certain duty : nor will the law presume all men false , because many are not true . as for our saviours example , who you say being examined before pilate , would not by his own confession , or asserting of a truth , make himself obnoxious to judgement : it shews you as pseudodox in divinity , as you are in law . i shall by and by make it appear , that our saviour who neither had any guilt to confesse , nor did refuse to give answer to any pertinent , judiciall questions of the magistrate , nor had any hope of escaping condemnation by being silent , is very much blasphemed by you . a th . thing , for which you conceive your arguments are valid , and concludent , is allowance of counsell , as also time for eight or nine dayes to consult with them , before you answer your indictment . your reason is , because you know not the formalities of law , as neither having latin , nor french to read the books , and you say t is a great deal of nicity and danger for an ignorant man to be lockt up to single formalities . the judges tell you , that when matter of law arises out of matter of fact , you shall have counsell assigned you ; that till such matter arise , they are your sworn counsell , and are bound to be indifferent betwixt the state , and you : and they will take care that no niceties , nor single formalities shall overthrow you . you do as good as reply , that because you are void of latin , and french , you must have counsell ; and because they are partiall , and you dare neither trust their offices , nor oaths , you must have counsell such as you dare trust : the summe is this : because you are ignorant of the practise of law , you may rail at your judges , and because you may rayl at your judges , you may claim time , and other counsell besides them , of your own choosing : if you were not as unskill'd in the theory , as you are in the practise of the law , you would not upon all occasions so often infist upon inconveniencies likely to ensue to your self , and take no notice of publick mischiefs . you would then be satisfied , that your judges ought rather to admit of a mischief to you , then of an inconvenience to the state : although you perpetually urge them to admit of mischief to the state , rather then inconveniences unto you . you pretend in the next place , that your indictment is long , and consists wholly of matter of law : and therfore time and counsell ought to be assigned you . your judges answer you again , that though the indictment be long , yet you need not charge your memory with every part of it , the main matter of it is very brief , and no other but matter of fact : viz : whether , or no , you were the author of the severall books therein nominated . now no studie of law in england , neither that which is publisht in english , nor that which is lockt up from the vulger in-latin and french , can avail you in this matter , you may perfectly inform your counsell whether you compos'd those books , or no , but your counsell can inform you nothing at all therein . you still alledge , that after proof of the fact , it may bee too late for counsell to assist you : and you are not able now to give answer without counsell , because you knew not before what would be the matter of your indictment . i wish you would at last remember , that the judges are not to consider onely , what is most behoofull for you , but what is most behoofull for you , and the state : but still you continue your error in this , that , you suppose your indictment to be meer matter of law , when as you might as well have pretended that it was all mathematicks , or metaphysicks , as all law . for is there any impossibility at present for you to answer without counsell whether these were your books , or no : because you knew not before , what you were to answer to ? when you say , your counsell may come too late after confession of the fact , your meaning is plain : t is insinuated thereby , that when you have disowned , or owned a thing , they cannot procure you a new liberty to own , or disown it the second time , and so not being able to nullifie your answer ; they cannot procure you new counsell , or new respite for eight or nine dayes more to give in a new answer : but when you say t is impossible for you upon the sudden , and without advice of counsell to own , or disown books , you seem very dark to me , i cannot dive into your meaning . you come now to precedents , and say first , that ju: heath at oxford allowed you counsell before pleading . the judges answers might give you full satisfaction herein . for , . heath well enough understood that your charge was not treason : ly , if it were treason , he understood , as well , that the parliament had more prisoners of the kings , then the king had of the parliaments , and so the retaliation would turn to the disadvantage of the king. ly , the proceedings at oxford are no fit rules for our courts at westminster , nor is it congruous that you who then fought against heath , and his confederates , for subverting law , should now cite his practise at oxford for law , and bring us to relye upon him as a main pillar of justice . for another precedent , you cite the parliament in the earl of straffords case , who , you say , had counsell assigned him before pleading , but this is contradicted by justice jermyn : and he better informs you , that the earl of strafford before pleading had no counsell granted him : and if he had , the parliament was not so subject to the common rules of law , as inferior courts are . your d : precedent alledges that major rolph had counsell allowed him by the lord ch : baron welde in a charge of treason before the grand jury had past upon him . but the answers of your judges clearly avoid the force of this allegation ; for first , it is no more evident to this court what was done by the lord ch : baron in rolphs case , then upon what reason it was so done . if counsell was allowed , it may be rolph confessed the charge , or there might be some other difference in the case : and so the allowance of counsel might be legall . but ly , suppose it to be illegall , and then it has no obliging force upon this court ▪ that court which is ingaged to administer justice according to the form of the common law of england , may not so safely follow one example varying from the old usage , as they may a thousand keeping more close to the same . in the th . place , you strive to invalidate the states witnesses , saying , there are none but single witnesses now produced against you : and the validity of single witnesses is taken away by . statutes of ed : . to this the judges answer , that the statutes of ed : . are over-ruled by a later stat: of . and . of p. and mary . that also by the common law of england , where treasons are triable thereby , one witnes is sufficient , especially when there are several facts of a treasonable nature , and severall testimonies given in to each respective fact . but if single witnesses be not sufficient , yet still in this case of yours , besides a concurrence of circumstances , and a triplication of witnesses to severall facts of the same nature ; and other strong presumptions , there wants not the compleat number of . or . witnesses to one , and the same matter , and such as lie under no just or reasonable exception . in the th . place therfore supposing the books proved to be yours , yet you say , there might be errataes either in the dating , or printing of them : and you are not to suffer for other mens errors . here is a great weight hang'd upon a small threed : you must not be admitted to be the author of such , and such treasons , because there is a possibility , a very remote possibility , that you were not the author of them . you strike , and wound a man that dies immediately , and have nothing to plead for your self , but a meer distant possibility that the man might have some other mortall inward disease , of which he would have falne down dead at the same instant , though your hand had not been upon him . this plea will not hold good , you are here the affirmant , and the proof lies on your side , you must make it appear by chirurgions , and physitians , that your blowe was not mortall , and that there was indeed some other mortall cause , or else your meer alledged possibility will advantage you nothing at all . and if one possibility in that case will not acquit you , how should you be acquitted in this indictment , where many seditious passages in many severall books are charged against you , and you have nothing to ward them all , but possibility upon possibility that all those seditious passages might be caused by so many several mistakes of the printers ? you having no proofs , nor colourable presumptions to offer , that there were indeed any such mistakes ? he that affirms ( whether he be plaintiffe , or defendant , if the matter affirmed be very important ) must prove , so far as he affirms , this is a rule in law , and logick not to be dispensed with . and thereupon the defendant , if by good specialty it has been proved by the plaintiffe , that money was lent , shall not avoid the action , by pleading payment , and satisfaction given , unlesse he prove , and make the same evident . away then with these toyes of your printers possible errataes : away likewise with the possible misdating of your books . for the act of july last did not so much make , as declare your books treasonable : and you know in my l. of straffords case , when he insisted upon this , that where there was no law , therewas no transgression : t was soon returned to him for answer , that endeavours to subvert settled government , was against an internall law , if there were none written against it , being malum in se , not quia prohibitum : and for that reason every man in such transgressions without written law , is a law to himself . it was also further pressed to him , that after the statute of the . ed : . wherein treasons were specially enumerated , the parliament neverthelesse had attainted divers delinquents , whose treasons were not enumerated in that satute , & it was no relief to the offendors to plead , that they had offended without warning , and were made the first examples of publick severity . there is nothing more notorious then this , that the peoples safetie is supreme to all judiciall laws , as well in order of time , as in order of nature : and that as it was , the prime judiciall law ingraven in our breasts at the creation : so it ought to be the most fundamentall law inrolled in our publick treasuries . the th ▪ prop of our cause is , that you are only acoused , and impeached for words , and by severall statutes , you say , of hen : . q. mary , and q. eliz : it is manifested , that they in those dayes detested the making of words , or writing to be treason . he that rightly distinguishes , rightly delivers , and teaches truth : but you relying upon a contrary art , an art of confounding things , not of distinguishing , render your self justly suspected , that your aime is subtilly to infuse , and inspire falshoods into your disciples , not to hold forth , or teach truths . you cannot but know there is sometimes a wide difference in words , yea in the same words ; that some words signifie more then others , and at sometimes sound forth greater matters then at others . for example , words in writing are more permanent , then words spoken : and words written are of a more transient nature then words printed , forasmuch as they intimate lesse of purpose , and premeditation : and the same words spoken , written , or printed by a discontented man , or at the point of death , or directed unto persons aggrieved , carry much more weight in them , and use to make deeper impression , then they would if they had been utter'd by another person , upon another occasion , unto men of another condition . therfore the prophet , who regards some mens words no more then the crackling of thorns under a pot , or croaking of frogs in a pudle : yet likens other mens words to sharp arrows , and poyson'd darts , yea , and other mens counsels to the venome of asps , and to the eggs of cockatrices . adonijah had a request to present to his brother solomon , and for the more reverence sake he would use the mediation of solomons mother therein : the matter also of his request was onely for a wife , for a wife of ordinary parentage , who in law could have no pretension to the crown : howsoever solomon who found a great danger wrapped up in this plausible supplication , distinguishes further neverthelesse , and by the sentence of his oraculous breast , that same designe which deserved death , and was treasonable in his brother supplicating , was simple , and altogether inoffensive in his mother interceding . achitophel was onely of counsell with absolom , we finde not that he furnisht horses and arms , or raised men with his manifestoes , yet doubtlesse his words were more pernitious to david at such a time , then the swords of ten thousand other revolters ; and david was more earnest with god to disappoint the inductions of achitophels tongue , then to rout and defeat all the other brigades , and stratagems of his son absolom . tarquin when his son consulted with him about the destruction of a neighbour state , conveighed his fatall , subversive plots by signes , and dumb gestures : for even by doing execution with his staffe upon the highest grown , and fairest lilies in the garden , he sufficiently taught , and instructed a young traytor to despoil a common-wealth of its most potent , and most politick grandees . what tarquin did without words , or writings against a forrein enemy , may be practisde neerer at home by an intestine conspirator to the ruin of his own countrey , and shall we say that no law ought to take hold of such a conspirator , because his treasons did not amount to so much as words , or writings ? good sir , study the superior laws more , and the inferior lesse , at leastwise when you have attained skill enough to render to every private man what is his due in chattels reall , and personall , make a further progresse , and strive to satisfie your self in that which is the due of the whole state , and concerns our generall preservation . mounsiur du bartas , as he is englished , advertises well ( you may finde law in verse sometimes , as well as in litleton ) treasons are like the cockatrices eye , if they foresee they kill , foreseen they dye . the story of the basilisk perhaps is not to be credited in physicks , yet it affords us this wholsome mythologie in politicks , that when we come within any neer distance of traytors ( where their designs like poysonous beams of the eye may possibly reach us ) we must expect to surprize , or be surprized , to anticipate , or be anticipated . away then with all your niceties in law , wherby you retard justice , if our safetie cannot be provided for without some incommodity of yours , nor the absolute empresse of all laws be served , and obeyed without infringing some priviledge of yours : you must give us leave to prefer the being of england , before the well-being of any englishman : nay the well-being of england , before the being of any englishman whatsoever . two whole dayes are now consumed in one issue of yours , ( whether such books were yours or no ) and . whole months had been consumed , if all your arguments of dilation and respite had been hearkned unto : but if such a priviledge be indulged to every prisoner in cases of treason : what unprofitable , uneffectuall things will justice , and judgement become in england ? how will treasons like hydraes-heads spring forth ? whilest one delinquent is upon his triall , ten more will start up in his place : and either there will not be found judges enough , or the judges will not find time enough to arraigne any considerable part of them . if words could not amount to treason , achitophel , and adonijah would as easily purge themselves , as you can , and so will a thousand other delinquents : but if you will grant that adonijah might couch treason in an humble petition for a wife , and achitophel do the like in his advices to his masters sons , grant also that the laws of england may be as severe against such traitors , as the laws of the jews were . and for all your other subterfuges , except you think your self a better pleader then that gilonite was , you may well think , his would have been as legall as yours are : grant him such a triall , as you claim , and as much prolongation of time , and he will make his cause as fair as yours : nay leave him to be his own judge ( as you in effect challenge to be ) and he will justifie absoloms defeated army , and prove them , as holy martyrs , as you do your burford brethren . consider also , that there is now more law against you for seditious books , then there was against adonijah , for petitioning his brother : and consider withall that the laws of england now , are not therein more rigid then they were in former times . you professe your self exact in all the body of our english law ( except only in the practical formalities of it ) therfore i question not , you have read burtons case in the th : of h : . the duke of norfolks case in the . of eliz : together with owens case in the th . of k : james : and you know these ( with divers others cited against the earl of strafford , since the beginning of this parliament ) do inform you sufficiently , that many have suffered for meerly traitrous words , even when no further traitrous act , or intent was proved against them . correct therfore at last your own impudent arrogance , by taking notice that there is nothing due to you , but what is due to every man in england : and that if every man in england shall baffle law , as you do , and therefore accuse the present government , of tyranny , and usurpation , because it refuses to be baffled : there remains nothing but that we all dissolve into our first chaos of confusion . your th : help , or strength upon which you rest , is the power of your jurors . for you first pull down the judges from their tribunall as meer ciphers , and as clerks that have nothing to do , but to cry , amen : and then into their seats you promote your . men , wherupon you grow confident , that this gratification of yours , together with your condiscending to be their city brother , will bring them to your devotion , and cause them to imploy their new given jurisdiction only to the advantage of the giver . we perceive hereby plainly the substance of your levelling philosophy to be briefly this : the judges because they understand law , are to be degraded , and made servants to the jurors : but the jurors , because they understand no law , are to be mounted aloft , where they are to administer justice to the whole kingdom . the judges because they are commonly gentlemen by birth , and have had honorable education , are to be exposed to scorn : but the jurors , because they be commonly mechanicks , bred up illiterately to handy crafts , are to be placed at the helme . and consequently learning and gentle extraction , because they have been in esteem with all nations from the beginning of the world till now , must be debased ; but ignorance , and sordid birth must ascend the chair , and be lifted up to the eminentest offices , and places of power . coblers must now practise physick instead of docters ; tradesmen must get into pulpits instead of divines , and plowmen must ride to the sessions instead of justices of the peace . the pretence of levelling is to put all men upon an equall floore , by adding to the inferior so much as may match him with his superior , and taking from the superior so much as may match him with his inferior : and this is sufficiently heretical in policie . but the intention of our levellers , we see , is more diametrically opposite to the order of nature , for it leaves an inequalitie amongst men as great as ever ; it does not partially alter , but totally crosse divine providence , whilest it elevates that which was depressed , & depresses that which was elevated : and so makes that the head which was the foot ; and that the foot , which was the head . the turbulent kentish spirits that followed cade , and tyler , as they intended the ruine of all men generously born , and qualified , so they professed their intention , and upon all occasions fell foule upon any , whom they found guilty of inkhorns and pens : but our modern perturbators intend one thing , but professe another ; their mystery is to destroy law under pretext of liberty ; and to supplant liberty under pretext of law . you which sometimes would appear the grand patron of law , yet at other times deride the whole profession of lawyers , revile all the benches of justice at westminster , spurn at statutes more then . yeers old , set at nought the wisest of our kings , and parliaments , yea and the most salubrious acts that ever our kings and parliaments passed . if any law crosses you , you break through it as great flies use to do through copwebs : t is sufficient for you to say 't was a part of the norman yoke , or an irrationall innovation : nay some of our ancient customes , such as holding up of hands at the barre , are so beyond all exception , that no man can see why they should be unsuitable to your phancie , but onely because they are ancient , and bear the stamp of authority . you a prisoner judge , and condemne your judges for going against law : and yet nothing can be more against law , then for judges to be so judged , and condemned by prisoners ; especially when the sense of the law also is manifestly distorted by such prisoners for upholding things illegall , and opposing things most legal . the like may be said of liberty , that also as well as law finds you a propugner in shew , but an impugner indeed ; you bear a buckler in one hand to defend it seemingly , but a sword in the other hand to wound it really . you had the breeding of an apprentice to inable you for trade , and want latin and french to inable you for law , or for the true understanding of its terms : yet you neverthelesse must interpret law to the judges , and by your interpretation make them meer ciphers ; and this is your birth-right due to you , as an englishman : when as the judges notwithstanding , because perhaps you deny them to be englishmen , or to have any share in your birth-right , have nothing to do but to submit to your magisteriall interpretation ; by your doctrine the flower of the nation must be subjected to the bran , or else libertie cannot prosper : the gentleman must be order'd at the pezants discretion , the judge must do the mean office of a clerk , and cry amen to the juryman , ( which all hitherto have judged villanous , and servile ) or else villanous servilitie is introduced amongst us . but if liberty be a publick , common benefit , does it not appertain to the gentleman , as well as to the pezant , and to the judge as well as to the juror ? nay does it not extend to the securing , and preserving ( as far as is possible ) of every man in every due right ? or is there not something that is the proper interest of a gentleman quatenus a gentleman ? and of a judge quatenus a judge , as well as there is of a pezant quatenus a pezant , and of a juror , quatenus a juror ? that most excellent , harmonions eutaxie in heaven which god himself settled from the beginning amongst the angels , is a thing more perfect then that which we call politicall liberty on earth ; yet even amongst the angels there are different thrones and preeminences , and though all oppression be excluded , all subordination is not . how levelling therfore should stand with liberty amongst men , when it stands not with that more perfect order which is amongst angels , i canot see : and yet levelling it self is far more tolerable , then that extreme ataxie which our levellers seek to introduce under that more plausible name . but you bring authorities for what you say , concerning the jurisdiction of your . men , and cite litleton and cooke for that purpose . all that is affirmed by litleton , and cooke is this , that in some cases the inquest may render a verdict at large upon the whole matter : that they may have cognizance of the condition of a lease , where they have cognizance of the lease it self : that a speciall verdict may be given in any action , whether the issue be speciall , or generall : that where the inquest may give a verdict at large , if they will take upon them the knowledge of the law , they may give their verdict generally . in the application of these authorities , you rush hastily upon three grosse errors . for first you strain these your atthorities to all cases and questions of law , whether easie or uneasie whatsoever , and this cannot be done without manifest violence to the words of your authors . ly . you strain these athorities to all jurors whatsoever , whether they have knowledge of the law , or not : and yet the words themselves cry out against such a torture . for both litleton and cook are expresse in this , that the jurors must be such , as take upon them the knowledge of the law . now we know well that some cases are so plain in law , that the meanest men may understand them : and that jurors at sometimes have been so chosen , that they might well take upon them the knowledge of the law in matters of greater difficulty . but he that shall conclude from hence , that all jurors in all cases understand law , or that their verdicts ought to sway , though they understand not law , shall shew himself strangely ridiculous . for we all know , that of common tradesmen , and husbandmen , such as ordinarily use to be impannell'd , there is not one of a thousand that understands law in a point of any intricacy : and we know as well that scarce any thing in the world could be more mischievous in a state , then to leave differences , and suits in law to judges utterly ignorant , and unlearned . i make no doubt , but if our levellers could obtrude this imposture upon the world , and procure any favourable reception for it , it would advance their cause much , and exceedingly hasten that generall confusion and disorder , which they aime at , i know nothing more conducing to their ends . ly , you strain the word verdict here beyond litleton or cook , for they only say they may give their judgement upon the whole matter ; but you infer , therfore the judges are meer ciphers , therfore the judges have no right or power to deliver their judgements , therfore the determination of the judges is no way forcible , or obliging . this is a non sequitur . for though the verdict be given in upon the whole matter , and so inclose law as well as fact , yet the binding force of the verdict , as to matter of law , may be derived from the sanction , and ratification of the judges , not from the jurisdiction of the inquest . and it may well be supposed , that the jurors may erre in matter of law , in which case the judges must alter the erronious verdict by a contrary judgement ; and that judgement questionlesse shall nullifie the erronious verdict , not the erronious verdict the judgement . whereby it plainly appears , that in a verdict upon the whole matter there is no new jurisdiction acquired by the jurors in matter of law , nor lost to the judges , forasmuch as the judgement stands good , and obliges not as it is rendered by the jurors , but as it is confirmed by the judges . but in case all your forces should be routed , you have yet another place of strength to retreit to ; you say , mens non actus facit reum ; if the books be found yours , if the matter of the books be found treasonable , yet you having never had any treasonable intention in those books , ought to be judged according to your guiltlesse intention , not according to your guilty books . this rule of yours cannot be denyed to hold in cases where the intention is as manifect as the act ; but in other dubious cases , where the delinquent hath no evidence for his guiltlesse intention , besides his own averment , judges , and juries observe it not . god therfore before whose all-piercing eye nothing is obscure , to whom the inward intention is as visible as the outward act , judges of the act by the intention : but in humane courts it is otherwise , for man cannot judge the secret intention , but by the overt act ; and so where any doubt is of the intention , he leaves that , and safely passes his judgement upon the act , which proof has put out of all doubt . and therefore by gods own law , in cases of chance-medly , where one neighbour unwittingly and unwillingly had slain another by the fall of an ax , &c. the casuall delinquent was absolutely free before gods unerring tribunall above , but not so before his earthly , deceivable judges here belowe , for if he made not haste to exile himself from his own habitation , he remained obnoxious to the sword of the marshal . wherefore if the innocency of the minde did no further absolve in contingent transgressions , where no testimony but the act it self came in against the transgressor : you have little reason to expect absolution in such studied , premeditated crimes as you are arraigned for , when no testimony of innocency but your own comes in for you . i have now done with all your more plausible , and specious justifications , and if i have proved most of them to be ungatory , sinewlesse cavilations , having only the shadow of reason , but nothing of the substance in them , blame me not for handling them under both notions . i come now to your scurrilous , opprobious , unchristian language , wherein the detestable eructations of your mouth ( being but the envenomed , imbitter'd ejections of your proud heart ) have violated heaven , as well as earth , consparcated laws , as well as magistrates , and denigrated the actions of our forefathers , as well as ours of modern times . a man would think , that the abysse of hell it self had been ransackt , and rummaged for the making up of some railings , that issue almost daily from your mouth , and of some seditious passages that flow almost weekly from your pen : howsoever i will not say as peter said to magus , you are in the gall of bitternes , i will only say ( as i may safely ) the gall of bitternesse is in you . he that was the recorder of your story , as if you had been too short in your incivilities , has made his margin a supplement to help out what was wanting , and therefore to confute mr. nutleys testimony against you , he addes , this as an arrant lie . pag : . and to confute judge nicolls , he adds , what a lying judge is this mr. nicolls ? p. . also to cast an odium upon our laws , he cals our terme judges the intolerable bondage of westminster-hall , and all proceedings in law there , outlandish , the meer introductions of the norman tyrant . p. . but you were not the penman , you onely approved of this story thus being penned , and set your hand as a license for its publication . you say well , you need not to be loaded with more then what you must needs avow to be your own . some that were absent , as the lo : president , p. . some that were dead , as the king : p. . did not escape your lashes : nay the whole army , p. . though not appearing at all in this busines , escaped not without this brand from you , that they had twice rebelled against their creators , lords and masters . but i hasten to those that were present in court , or that were interessents in the courts proceedings . the atturny generall , though a member of the parliament , and a servitor to the state in place , and trust very eminent , is more then ten times abusively treated by you . you ask him , p. . what basenesse is this in you to use me thus falsly . p. . you say he used you , as the scribes and pharisees did our saviour : p. . you call him your prosequutor , and that in an extreme foule , and dishonest way . upon divers occasions you tax him of notorious , grosse , impudent untruths . see p : . . . . . . &c. the l : commissioner keeble , told you no prisoner had ever such favour as you ; to which you answered immediately , that to disprove what he said , you could shew an hundred precidents to the contrary . p. . the margin has this tante also : take notice the judge stood up , and spake out an appeal to the people . moreover , p. . when he told you the commissioners could not bear any further delays from you , you return'd presently , will you not give me breath ? if you thirst after my blood , and nothing else will satisfie you , take it presently . your unreverence to the whole bench is incredible , sometimes you single out the judges , as the principall members , and sometimes you discharge your rancour against the whole aray of your commissioners . p : . you say t is the unjustest thing in the world , that you for your life should have to do with all the judges ( who are all engaged men ) that have had above six months time , with the assistance of divers parliament-men your enemies , to beat their brains together against you . p : . o lord , was there ever such a pack of unjust and unrighteous judges in the world . my life is before you , you may take my blood if you please . p : . you make the judges greater tyrans then the king , and pray god to deliver you again , and again from all such justiciaries . p : . i am willing to die the object of your indignation , and malice . p : . contrary to your solemne promise you make my ignorance in the formalities of law , to be the means of my destruction : you divers times call them faith-breakers , cruell , bloody men , norman intruders ; and wish your innocent blood may be charged upon them , nay and upon their posterity for divers generations . you frequently tax them of surprizing , circumventing , insnaring , murthering you with nicities , and puntilioes . i could cite more then . more passages to this purpose . as for the whole court , you handle them also no lesse ruggedly . p : . you oppresse me first , and then go about to hang me as a traitor , for crying out of your oppression : the lord deliver me , and every honest man from you the vilest of men . p. . there was never such a triall upon english ground as this , where all the legall rights of an eng : have been denied . p : . all the proceedings hitherto have been so absolutely arbitrary , that t was impossible for me to come provided . p : . you make your protest against their unjust and bloody proceedings , and in other places you sometimes appeal from them to the jury , sometimes to your auditors , sometimes to all mankinde , sometimes to god . many quotations might be to this effect . next after the court , your spightfull , exulcerated minde breaks forth extreamly against the parliament , the supreme power of england . p. . you say you were imprisoned most unjustly by their power , without any the least shadow , or colour in law many months before their acts were made . p. . t is very hard for me to contest with the present power , whose agents have free liberty to say any thing against me , whilest i am denyed all the priviledges of an englishman . p. . when the parliaments act of treason was pressed against you , you say , as there may be counterfeit money , so there may be statutes too , and for ought you know this may be one too ; and then you desire proof that these are true acts of parliament . p. . you except against the testimony of coll : purefoy , because a parliament-man , and so a partie against you . p. . imprisonment , and many provocations were long since put upon me , to make me cry out of oppression ; but to hang me therfore by a law made after the pretended crime , is not just . p. . you and the parliament set us long since together by the ears with the caveleers , to fight pretendedly against their injustice . p. . i have been imprisoned seven months for nothing . p. . all my enemies base , wicked petitions , papers , and books preferred against me were hugged , and embraced by the parliament : but my friends , p. . could get no answer to their petitions , but received slights , abuses , and scorns . p. . contrary to the petition of right , and other wholsome laws ( though there hath been eight yeers wars in england , pretendedly for preservation of law , and liberty ) was i by force of arms apprehended , and proceeded against . thus rash , and harsh you are against this present parliament ; and yet not onely against this present parliament , for former parliaments also , as often as they side not with you , finde you the same man . ex : gratia all the parliaments that settled , or establisht terme judges , and commissions of oier and terminer , you charge of bringing in upon us intollerable burthens , and irrationall innovations . and thus in taking upon you a censorian , and pretorian power over all laws and law-makers , you raise your self above all that is called god upon earth ; and in so raising your self , you affect a tyranny over us not so truly unchristian , as antichristian . give me leave now hereupon freely to expostulate with you , and lay aside all partialitie . . why will you , being a private person , rise up so fiercely against the government of a state , when you see you must either perish in the designe , or compasse the same with so vast an effusion of other mens blood ? by gods law , every soul is to be subject to the higher powers , and whosoever refuses to stand to the finall sentence of the highest power , is punishable by death . upon this account the magistrate is owned by god , as his anointed vicegerent ; and the good king of judah giving a charge to his judges before they went forth to execute his speciall commission of oier and terminer , therefore presses them to integrity , because they were to judge for god , and not man . our law directs you also to be tryed by god and your countrey , but you except against that direction purposely , because you conceive god is not in the court present to passe upon you , but has onely an ordinary presence there , such as he has every where . but if the judgement-seat be gods , and not mans , and if the sentence which the judges speak upon that seat be gods , and not mans , ( as we must needs beleeve it is , if we will beleeve the expresse words of gods book ) how can you deny god to have an extraordinary judiciall presence in the court ? a presence to try and passe upon you ? for this is most plain , if god were not judicially , and extraordinarily in the court , the judges then should be said to determine for man , and not for god , to give sentence in their own names , and not as gods ministers . you will answer , that the men in present authority now at westminster , which granted this commission are usurpers , and we are not to look upon usurpers , or imagine that they so represent god , and do gods businesse , as other legall magistrates that are rightly invested by god himself . hereunto i shall reply , that judgement in this case ( whether the present parliament be rightly the supreme authority of england , or no ) belongs not to you being a private person , more then it does to me , or any other man in england . you know also , that when such judgement belongs not to one private person more then to another , and the judgements of all private persons are so apparently divided , as now they are , that no one can decide without indangering the peace of all ; that private person can never discharge himself of sedition , and treason , which breaks the common peace out of a fond preference of his own phancie before other mens . in england there are now some that hold the supreme authority to be in the last kings heir absolutely , and their endeavours are to bring him in upon his own terms ; you and your party , hold it lawfull to joyn with him , upon your terms , but till you joyn with him , and he submit to your terms , the supreme authority is not in him : we , and our side , which is now prevalent , after a long dispute in arms , hold this to be a true parliament , and that the true parliament is ever the supreme authority of england ; and we have not onely the decision of the sword ( which in such like dubious cases after the last appeal hath been made to it , is no contemptible plea ) but also the strongest reason , and majority of suffrages of all the people throughout the land on our side . t is your manifest regret that your party , and the royalists , though they correspond , and conspire together , cannot both counterpoize the third greater , and better party , that stands for the majestie of parliaments . you , and the royalists , have divers times endeavoured to perswade the people , that they are generally against the parliament , and by severall acts , and attempts against the parliament , you have put it to the triall , whether the people would adhere to you , or the parliament ; yet still the major and better part of the people have declared against you , and continued their loyalty to the parliament . the city of london , if it had been so adverse to the parliament ( as was presumed by you , and the royalists both ) was strong enough to master the army , ( the onely advantage of the parliaments you cry out upon ) yet when it came to proof , would not draw a sword against the parliament : if these demonstrations will not satisfie you , but you will still plot new commotions , and study to ingage the people in new bloody broils , you shew yourselves to be thirsty of humane blood , and all your endlesse cavilling pretensions will not absolve you before god . jehoiadah the priest of the royall line , and a publick person , affords us an excellent example ; his part was to subvert a manifest usurpres , and idolatresse , and to reinthrone a true prince , of whose title there was not one man in the whole nation that could make any doubt , yet to avoid bloodshed , and the mischeifs of a dubious , open war , he divers yeers concealed the rightfull title , and submitted to the yoke of a heathenish murderous tyrannesse , making no insurrection at all , till he was sure to do right to the young king , without causing any destruction of the people . how unlike are your actions to jehoiadahs , who being no publick person , nor interessed extraordinarily in the present differences above any other man , will needs hazard the peace of the land against a lawfull authority , when you have little hopes of effecting what you strive for , without a vast expence of blood ? but in the next place , suppose the power of the parliament were indubitably usurped , as you can never prove it , ( for it is still but the nations power , and what nation ever usurpt over it self ? ) yet by what law of god , or man , is it lawfull for such a common person as you are to machinate against it ? herod had usurped over the jews , the romanes had usurped over herod , caesar had usurped over the romans , yet our saviour shews himself submissive upon all occasions to all these powers . when he is brought before annas , he comports himself humbly , and as becomes a prisoner when he is lead to caiphas , and presented before the jewish counsell , he yeelds to be examined , and makes there such answers as he knew would be adjudged blasphemous , and capitall . when he was turned over to the tribunall of pilate the romane deputy , and transmitted from thence to herod the deputy in galilea , he still made reverent dutifull confessions upon all legall interrogatories , though to the eminent forfeiture of his own life . yet no man will suppose all these had a proper jurisdiction over our saviour , or such power as was free from all force , and usurpation . all the apostles also walked in our saviours steps , for we read that they though innoent were examined , scourged , imprisoned , and did suffer martyrdome by magistrates in all nations under heaven , and we read not that any one of them at any one time unreverently treated , or declined any court , or counsell , except it were by appeal from the inferior to the superior judge : yet we may safely beleeve that some of all the states , and potentates before whom they were convented , might be liable to this exception of yours . you will say , all men in justice ought to be enemies to usurpers , and friends to such as are unduly depressed . i reply on the contrary , that private men , let the case be what it will , of their own heads , or upon their own conducts , are not to rise against a settled usurper , or enterprize any thing that may disturbe the common peace : nay even publick persons are to prefer the safetie of the people , before any lower interest , or right , or law whatsoever . the story of jehoiadah justifies this , during so many yeers as he suffered athaliah ; and the story of david also , who by right , and law , was to proceed against joab for murther ; but the superior right , and law of common safety bounds his hands many yeers from doing justice : and yet we cannot say therein , that the not doing of justice was the doing of injustice , inasmuch as he obeyed the superior law rather then the inferior , and chose to spare one guilty murtherer , rather then to expose thousands of innocent men to the chance of war . but in the d : place , if you will needs suppose you have a right to pronounce this government usurped , and so justly lyable to your opposition , yet why do you not then circumscribe your self within the bounds of this government ? how is it , that you assume to your self as great a prerogative of censuring the acts of other parliaments , as you do of this , and the ordinances of our ancestors as imperiously as you do ours ? if you did seem wiser in the laws of england then all the judges , and lawyers of the land , you did arrogate too much to your self : but when you will pretend to be wiser then the laws themselves , when you will with opprobrious terms revile the legislative power of this nation , and say , that for six hundred yeers together our ancestors , assembled in parliament , were the introducers , or continuers of foolish and slavish acts ; you arrogate more to your self , then any man till this day ever arrogated . in this you challenge the obedience due to some great , new-rais'd prophet , such as mahomet pretended to be amongst the brutish arabians ; or that vice-god at rome , who amongst a more dementated , obdurated generation changes times , and customes at his pleasure . in the d : place also if you will beleeve that you have a dictatorian power over all times , and laws past , and present , and so may justifie all that you act against them : yet why do you not act against them without such detestable cursings , odious raylings , and unsavoury derisions , as your mouth is perpetually defiled with ? michael the archangel when he was in the lists ingaged against gods most rebellious enemie , broke not out into any distemper'd expressions , nor thought it beseeming his holy cause to passe the bounds of just reproof . t is likely satan which found no matter in michael worthy of reproof , was diverted by his malice into blasphemous provocations ; but michael notwithstanding all the bitter provocations , and all that matter of scandall , which abounded in his traytrous adversarie , restrained himself from foule retortions . so our saviour in the gospel died praying for his murtherers , that they might obtain remission , even for that desperately flagitious cruelty , which made the earth tremble , and the sun contract his beams . stephen also the first disciple of our saviour that exposed himself to martyrdome , yet in the very agonie of death recommended his sanguinary persecuters to mercy . wherfore if the son of god , if angels , if all the apostles use blessing instead of cursing , and if all holy men still pray for their most mercilesse executioners , instead of rayling where guilt is never so evident : what is it for you to imprecate heavie judgements upon gods judges sitting on his bench to speak his sentence ? and from what kinde of spirit do your filthy upbraidings , and sarcasms proceed , when you powre them not onely upon magistrates , but upon righteous magistrates , such as offer you no wrong , but suffer much at your hands ? certainly if these things proceed from a right christian spirit , we must beleeve that the milde white dove which descended upon our saviour in the river of jordan , has now changed wings with the black , carnivorous raven . paul once out of a sudden passion , and incogitancy call'd an high priest painted wall ( a term not undue to the man , though ill applyed to the ruler ) but being presently returned to himself , he recovered his wonted meek , and patient temper ; and though he had suffered a most unparralleld peece of injustice from a wicked man , he was not ashamed after to retract , and check himself publickly for deriding a wicked ruler . tell me then seriously , is this contumelious spirit that rages in you the same that possessed christ and his disciples ? can you imagine , that you who not onely defie gods ministers of justice , in the place of judicature , and speak vilifyingly of the highest of powers , but also harden your self therein , and trumpet it forth to the world , as if you had atchieved thereby some glorious conquest , are of the same spirit , as those which went like sheep to the slaughter , and never opened their mouthes before their shearers ? st. paul condemnes in himself an unwitting , precipitated taunt against a judge very impious and scandalous , but you think you may justly pride your self in blaspheming many righteons judges , and this you do at such a time , in such a place , and before such an auditory , that your blasphemy must needs reach god mediately , though it strike his anointed vicegerents immediately . i can say no more but this , the same thing which in your own practise makes you boast , makes me being practised by another , tremble . lastly , if you must have a license to oppose authority ; to oppose all manner of authority , ancient as well as modern ; and further , if you must be licensed to joyn all manner of reproaches , execrations and blasphemies to your opposition : yet what means this , that you ubraid other men most of that , which you are most apparently guilty of your self , and for the most part afperse , and columniate those whom you take for enemies with such things , as all men know to be most apparently false ? when you have insolently tyrannisde over our ancientest laws , and customs , and the powers from whence they were derived ; when you have pursued our high court of parliament with bitter exprobrations ; when you have entertained the whole bench of your judges with such language as is onely due to the basest , and worst of men ; when you have obstructed the proceedings against you with the most trifling nicities , and scruples in law that everwere invented ; when you have spent your strength , and tired your lungs ( as your self complains ) not by pleading , but by seeking an exemption from pleading , and therfore have scarce allowed any freedom to the court to answer you ; you neverthelesse complain , that all law , and right has been denied to you : that t is the sworn designe of the parliament to compasse your life by indirect means : that your judges have insolently over-awed you ; that you have been insnared with meer puntilios , and formalities of law ; that freedome of pleading hath been taken from you . never was case more cleer in the world then yours is : if there were no court to judge your books seditious , nor no testimony to prove the books yours , yet i am perswaded there is scarce a man in england that doubts of either ; that very jury that pronounced you not guilty of composing those books after proof by witnesses , i am most confident did in their hearts beleeve you unquestionably the author of them , before they heard any witnesse speak at all . violent presumptions heretofore were held ever sufficient convictions , and as good as legall testimonies , and yet though all mens consciences in your case are satisfied with violent presumptions , and violent presumptions are now seconded with competent , pregnant , abundant testimonies , that you are the author of these books : and though you your self think not fit to deny them , yet you are not ashamed to inveigh against them , that judge you to be the composer of them . i cannot indeed imagine that thing of which you are ashamed : if you are ashamed of any thing , t is the absolute deniall of your books , for which you are indicted ; but i am perswaded t is some other respect , and not shame that makes you abstain from that deniall . you seem frontlesse enough , when you cry out upon your easie , contemned judges for intrapping , and oppressing you : but when you cry out upon their snares , and oppressions at the same time that you call them shadows , and non-entityes , ubraid them as normane intruders , denounce against them as willfull , perjured murtherers , and in very deed make yourself a judge at the barre , and arraign them as your prisoners on the bench ; you seem more impudent then impudence it self : your want of blushing is enough to make not only friends , but even strangers , and opposites to blush for you . but you that acknowledge no law , unlesse it be consonant to your own humour , and unlesse it receive its obliging force from your sanction , how can you offend ? and you that cannot offend , why should your face be stained with that ordinary tincture of modesty that abashes other men ? humane rules and precedents are all liable to your condemnation : if you say they are irrationall , or savour of innovation , that 's sufficient to over rule them : and as for divine authorities , t is in your breast to interpret them , and no mans else , whereupon they are made lesbian rules to you , and they must not conform , but must be conformed to your judgement . ex : gra : the . evangelists testifie , that our saviour being presented in judgement before divers tribunals , made such pleas , and confessions as drew on upon himself a capitall sentence , and were the only evidence , that either the jews had to condemne him of blasphemy , or the romans of sedition . you neverthelesse say , that our saviour by silence avoided the danger of his examiners , and left you a warrant thereby to conceal your guilt from the judges , and to evade that danger of condemnation which the prescription of our laws would else intangle you in . when the states atturney generall presses you for an answer to his proofs , and not meer allegations , which make you the author of seditious books : you more then once aver , that our saviour shook off his interrogators with an eluding answer ; and therefore in imitation of christ you say , thou m : prideaux affirmest , i am the author of seditious books , but prove it if thou canst. this is ruffe handling of humane magistrates , and laws , but this is worse handling of inspired writers , and worst of all is the false glosse you set upon our saviours actions . our saviour being demanded by caiphas in the counsell of the jews , whether he were the son of god , or no , according to matthew and luke returned answer , thou saidst it : and mark repeating the same answer , makes it a pure affirmation , or an assent confirming what the high priest said . for marks relation which must be the same as the other evangelists was , answers positively and fully to the question : i am the son of god . ly , all these evangelists record this further of our saviour , that immediately after his answer to the high priest , he proceeded to tell the counsell , that they themselves should one day see him sitting on gods right hand , and so be convinced of that now they would not beleeve . ly , the counsell understood our saviours answer to be affirmative , and positive , for upon that answer , according to all the evangelists , he was instantly condemned of blasphemy from the confession of his own mouth . neither did our saviour , being examined before pilate concerning his regall interest , give an evading answer : pilates question was , art thou a king ? our saviours answer was , thou sayest it : but to shew that this answer was a positive affirmation of the thing questioned , our saviour added immediately , to this end was i born , and for this cause came i into the world , that i should bear witnesse unto the truth : and we finde that pilate doubted not of our saviours meaning , whether it were affirmative , or elusive . this is therefore an high violation of divine authority , that you should call those answers , and pleas of our saviour dilatory , and fallacious , which the evangelist makes to be so plain , and the jewish , and romane magistrates both entertained as so positive : and that you should flatly say , our saviour patroniz'd obstinate silence in all delinquents , and therefore would not reveal truth , when he saies directly of himself , that he was born , and sent into this world to bear witnesse to the truth . ly , how can you imagine , that our saviours silence to some impertinet questions , was any justification of your not pleading , when our saviour had not the same reasons of silence , as you , and other delinquents have , and pretend for ? for first , our saviour was guilty of nothing , which in justice could take away his life , or expose him to any other the least lash of the law . if you will beleeve the romane judge , before whom he was tryed , he was convinced , and thrice labour'd to save him , knowing that the jews of envie prosecuted against him ; and being driven to wash his hands of so foule , and murtherous sentence , argued with the jews , that he had not onely examined him himself , and found no capitall delinquencie in him ; but had also sent him to herod , and by herod he was also sent back acquitted : this makes our saviours case very different from yours . ly , our saviour knew his doom was unavoidable , and so he could not make use of silence upon the same grounds as you do . ly , our saviours silence was not obstinate , against any clear law , as yours is . ly , it was not generall , or continuall : when he was questioned either about his divinity , or regallity ( things questionable in law ) he gave direct answers : and even when he was questioned extravagantly about his disciples , or the nature of truth , or his doctrine , after some space of modest silence , he gave reasons of his silence ; he told them they were resolved before hand not to believe him : and that he had alwayes taught openly , and not in corners , so that the testimony of his auditors , and spectators , would be more proper in matters of that nature , then his own . hereupon pilate received satisfaction , as also herod , though all their impertinent questions were not presently answered : and when pilate washed his hands before the people in token of his innocency , and pleaded earnestly for his inlargement more then once , or twice : he told the people plainly , that herod to whom he had sent him to be examined , had sent him back again , being of his judgement , and finding nothing worthy of death in him . lastly , if our saviour had refused to answer caiaphas , herod , and pilate , who had not due jurisdictions over him , this affords no plea , nor patronage for your peremptory silence : forasmuch , as our saviour was a king de jure , though he would not take upon him the office of a king de facto : and it may be beleeved , that in some acts of his he did transcend the capacity , and condition of a meer private person : in which he is not imitable by you . i shall infer therfore , that you , when you cite our saviours example , and practise to justifie your opposing judges and laws , and to smother treason , and frustrate judgement , contrary to that which is asserted by all the evangelists , you do blasphemously , and impudently make god the countenancer of sin , that you may make man the apter to sin against god . the th : and last matter of scandall in your book , is , your double dealings with the jury : for though your . men are most religiously obliged to bring in a verdict without favour or fear , you neverthelesse endeavour both wayes to force them from their religious obligations aswell by terror , as by arts of embracery . on one side , you are their brother citizen , a great honourer doubtlesse of your city matriculation : some of them you know to be honest men , as you are a profound metaposcopist , there are lineaments of honesty drawn in their very faces , and the whole aray of them has this preferment from you , that they were the only supreme dispencers of justice in england , and that the judges that sit aloft in scarlet robes , are but clerks to say amen to their verdicts : and this you pronounce as a more profound jurist . on the other side , lest these gentle stroakings should not sufficiently win upon them , you place some hundreds of your myrmidons behinde in ambuscado , who are ready to break forth with mighty hums , and acclamations , at the closing of your defence , and before the atturny generall enters upon his reply . you did conjecture doubtlesse that your . jurors ( half of them being congregated out of chicklane , pickt-hach , and the other suburbs of smithfield , without one butcher amongst them all ) would be apt to shrink at such a new , unexampled impression . former times would have lookt strangely upon such attempts , and such divers assaults made upon a jury : but in you all frauds , and riots are pious and plausible , so they may acheive to you a conquest over your opposites , nay in all your surprisals and oppressions of other men , you must have leave to complain , that you are surprized , opprest , and cut off from all right by a state of conspirators . sir , i could now let the rains of my discourse looser , and take occasion to range further , ( for since the writing , and printing of this letter , i have seen some other additions , and supplements of yours , or your friends , about your triall , and i may perhaps hereafter animadvert upon them : but i will not at present pursue you too far , i will rather choose to give my self a sudden stop . the angels that fell from heaven had nothing to seduce them unto so desperate a revolt besides their own excellent natures ; there was not in heaven any other object that could tempt , or pervert them . had they dutifully , and piously limited their contemplations to the transcendent blessednesse , and infinite perfection of their creator , they had not so fondly inamoured themselves , upon themselves , nor dazeled their own eyes with their own created beauty : but when their eyes were once dazell'd with objects lesse amiable , their devotions were easily alienated from objects more amiable , and that alienation in them was most ungracious , and damnable . neither did excessive , doting self-love onely exile the angels out of heaven , but also , men out of paradise ; for adam likewise , judgeing himself neerest to himself , and so thereupon confining all his passions , or the supreme sway of his affections to himself , erroneously thought himself worthy of an equality with his maker : and so not laying to heart the greatnesse , and goodnesse of god , but blinding himself with an undue zeal to his own person , he most unnaturally made himself gods rivall , as if he himself were capable of divine knowledge , or god deducible to humane imbecillty . t is not worth inquiry , whether adams will first darkned his understanding , or his understanding first captivated his will : we know adam had the principle of knowing , and the principle of affecting good in an eminent degree : and that he sinned against both those principles when he valued a finite , derivative , obliged excellency in himself above infinite , originall , obliging excellency in his god . for in the conception , and birth of sins , it often happens , that at the same time the understanding contracts darknesse from the factious vehemence of the will : and the will contracts obstinacy from obscurity in the understanding . and i think , we may safely beleeve that adams understanding was too unactive , and remisse at the same instant , for that it did not further improve , and feed the will by sublime , restlesse contemplations : and at the same instant that his will ( having al readie received so much light from the understanding ) was too cold and unaspiring , for that it did not still covet solid solace from objects more glorious , and to that end resollicite eagerly the understanding for profounder illuminations . such was the origination , and semination of sin in adam , & such is still the traduction and propagation of sin in adams posterity : there is no difference but this : we now are not guilty of our own sins only which we daily commit our selves , as we naturally pertake of adams frailties , and are left obnoxious to a thousand new temptations thereby ; but also of his first transgression , as we were morally ingaged in the same covenant , and so left obnoxious to the same punishment . we remain therefore all far more apt now , then he was to adore our selves , and to circumscribe our own blinde affections within the circle of our own excellencies : and this is so eminent in some men , that ignorance no sooner begets arrogance in them , then arrogance begets impudence : and impudence begets wilfulness , and an outragious hardness in malice . sir , if you who know your self to be of adams race , would deal strictly with your self , and impartially inquire into the cause that makes you so far to postpone all powers , laws , professions of men to your self , and most immodestly to boast of those things in your self , which you would disdain in other men , and which other men think as disdainable in you : you would soon discover your self-love had quite put out your eyes , and then betrayed you into the ambuscadoes of all those daring sins that use to fight under the banners of violent insolence , and of uncontrouled impudence . the main canker that festers inwardly , and infects your most retired thoughts is this , that you see other men promoted in the common-wealth to places of honour , and power before you , whereas you in worth , and value promote your self far before them , nay , and all others whatsoever : and this grosse error does not only swell you into disdain , and malice implacable against other men , but also inflames you towards your self with arrogance intolerable , and arms you with immodesty most unmalleable . you ought here to consider , that as to other men you are no competent judge of their parts and deportments , more then every other private man in england is : and when you see so many other men in england give a contrary judgement to yours , you ought to suspect your own judgement , rather then to despise theirs . t is well known who those men are , that are most obnoxious to your emulation : and let but their enemies judge , let their most conjured foes give sentence is this cause , whether they deserve your emulation , or no : and even they will contradict you herein , and tell you that they fear , and admire what you deride , and rail upon . then as to your self , whom you adore , and court as the most exquisite peice of mankinde , and upon that account censure whole professions , whole states , nay and whole ages not complying with your phancie : you ought to consider , that of all men , you are the most uncompetent judge in your own case . omit those whom you repute now your diametricall enemies , though they are the major , and better part of the nation , and ask the royalists , ( whom you look upon as your late adopted friends ) or any others unconcerned , if you conceive there are any such : ask them what value they set upon you , and doubtlesse they will be bold to tell you , that you are an incendiary and innovator ; as far short of perkin warbeck , as you are beyond wat. tyler . i know there is a partie of your adherents , that seek to foment these prodigious high conceits in you : and they perhaps may amount to some ten , or twenty thousand heads in all : but if my intelligence fails not exceedingly , the greatest part of them consists of women , boyes , mechanicks , and the most sordid sediment of our plebeians , and onely some few are royalists , or turbulent levellers , who rather make use of your furie , the admire your policie ; and imploy you as an instrument , rather then follow you as a head . but if you think men whether friends , enemies , or neuters , are apt to deceive , and as apt to be deceived , and therefore unfit witnesses , or informers in this case , fix your thoughts more studiously upon things : consider your own wayes , and positions , as i have here more nakedly presented them to your view . you see your main endeavour is , to open a way , and maintain , that any private , single person may dispute , nay damne any command , law , custome , or power whatsoever , and lawfully frame parties to abet him in his disturbance of the common peace by any means whatsoever : that the diffusive , or rather confusive body of the people may be appeall'd unto , by malcontents in any common cause , although it be so vast a body that it is scarce to be congregated , or rightly ordered , or consulted with in any one place , or at any one time , when some one fundamentall point is to be assented unto , or dissented : and muchlesse is it fit for the ordinarie administration , and exercise of rule in ordinary cases , as often as private men shall finde themselves aggrieved : that all study of law and policy is mischievous , and therefore the judgement of all difficulties , and difference ought to be expected from unletter'd mechanicks , plebeians , not from such as are nobly descended , such as have been verst in state-businesse all their dayes , and such as have made law their study from their youth : that the nation ought not to have any one common place of resort for justice , such as westminster-hall is : but for the better cautonizing of the common-wealth , and dissecting it into severall independent ( and by consequence repugnant ) bodies , in each county there ought to be a severall tribunal : in which tribunall the ignoranter and meaner saeces of the multitude ought to possesse the highest chair : that popular liberty ought to be inlarged beyond all rationall politicall bounds , so that no private subject ought to pay any tax for defraying the publick charge , unlesse it stand with his own liking : nor ought any fellon , or traitor , be examined , or held to any form of triall , further then it shall please his own humor . these are the crude traditions which your levelling sect abides by : now let not onely those which have been bred under eng : laws , but let all other nations that imbrace the romane civill justitutes imbodied by justinian , nay let heathens , turks , jews , let all men of former ages , as well as of this present declare , if any thing can be invented more destructive to society , and the congregative disposition of mankinde , then these traditions are . no more need be said , if you professe the subversion of your countrey , and a generall emnity to the kinde of man , your philosophy must be held impious , though not stolid : but if you propose these things for the good of your countrey , and your kinde , you will be held , as stolid , as impious : but what shall i say ? in case self-love has wholly dementated you , all that i can presse will be to no purpose , neither can the various testimonies of men , nor the irrefragable evidence that shines out of common maximes , nor the experience of all ages convince you , that you are to credit any thing besides your self . what your present temper is therefore , whether flexible by counsell , or inflexible i cannot tell : but i must needs tell you this : for a close of all : since you have acted your part so outragiously , it leaves an offence , and a regret too upon me : that your commissioners should act so tenderly : that the jury should act so disloyally ; and that london should be the scene , where hands should be clapt so unworthily . p : script : sir , i had sooner drest , and speeded these my plain , freindly animadversions , had i been in england at your arraignment , or if i had sooner recovered my health after my coming into england : therfore let not delay , and the interposition of so many moneths expose me to your mis-interpretation . i had also kept these papers from the presse , had you onely been concerned in them : but when my second thoughts suggested to me , that i was bound not to reprove you alone , but your abettors , and partakers also , and that the charity of my reproof ought not onely to extend to the conviction of you , and yours , but also to the confirmation of all your dissenters , i was induced to make them publick : wherefore pray , let this apologize for me in that behalf . adiu . yours in the bonds of christianity : h : p finis . observations upon some of his majesties late answers and expresses parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) observations upon some of his majesties late answers and expresses parker, henry, - . p. s.n., [london : ] caption title. attributed to henry parker. cf. blc. place and date of publication from thomason coll. reproduction of original in thomason collection, british library. eng charles -- i, -- king of england, - . great britain -- history -- charles i, - . a r (wing p ). civilwar no observations upon some of his majesties late answers and expresses. parker, henry c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - judith siefring sampled and proofread - judith siefring text and markup reviewed and edited - pfs batch review (qc) and xml conversion observations upon some of his majesties late answers and expresses . in this contestation betweene regall and paliamentary power , for methods sake it is requisite to consider f●●se of regall , then of parliamentary power , and in both to consider the efficient , and finall causes , and the meanes by which they are supported . the king attributeth the originall of his royalty to god , and the law , making no mention of the graunt , consent , or trust of man therein , but the truth is , god is no more the author of regall , then of aristocraticall power , nor of supreame , then of subordinate command ; nay , that dominion which is usurped , and not just , yet whilst it remaines dominion , and till it be legally againe devested , referres to god , as to its author and donor , as much as that which is hereditary . and that law which the king mentioneth , is not to be understood to be any speciall ordinance sent from heaven by the ministery of angels or prophets ( as amongst the jewes it sometimes was ) it can be nothing else amongst christians but the pactions and agreements of such and such politique corporations . power is originally inherent in the people , and it is nothing else but that might and vigour which such or such a societie of men containes in it selfe , and when by such or such a law of common consent and agreement it is derived into such and such hands , god confirmes that law : and so man is the free and voluntary author , the law is the instrument , and god is the establisher of both . and we see , not that prince which is the most potent over his subjects , but that prince which is most potent in his subjects , is indeed most truely potent , for a king of one small city , if he be intrusted with a large prerogative , may bee sayd to be more potent over his subjects , then a king of many great regions , whose prerogative is more limited : and yet in true realitie of power , that king is most great and glorious , which hath the most and strongest subjects , and not he which tramples upon the most contemptible vassells . this is therefore a great and fond errour in some princes to strive more to be great over their people , then in their people , and to ecclipse themselves by impoverishing , rather then to magnifie themselves by infranchising their subjects . this we see in france at this day , for were the peasants there more free , they would be more rich and magnanimous , and were they so , their king were more puissant ; but now by affecting an adulterate power over his subjects , the king there looses a true power in his subjects , imbracing a cloud instead of juno , but thus we see that power is but secondary and derivative in princes , the fountaine and efficient cause is the people , and from hence the inference is just , the king , though he be singulis major , yet he is universis minor , for if the people be the true efficient cause of power , it is a rule in nature quicquid efficit tale , est magis tale . and hence it appeares that at the founding of authorities , when the consent of societies convayes rule into such and such hands , it may ordaine what conditions , and prefix what bounds it pleases , and that no dissolution ought to be thereof , but by the same power by which it had its constitution . as for the finall cause of regall authoritie , i doe not finde any thing in the kings papers denying , that the same people is the finall , which is the efficient cause of it , and indeed it were strange if the people in subjecting it selfe to command , should ayme at any thing but its owne good in the first and last place . t is true according to machavills politicks , princes ought to ayme at greatnes , not in , but over their subjects , and for the atchieving of the same , they ought to propose to themselves , no greater good then the spoyling and breaking the spirits of their subjects , nor no greater mischiefe , then common freedome , neither ought they to promote and cherish any servants but such as are most fit for rapine and oppression , nor depresse and prosecute any as enemies , but such as are gracious with the populacy for noble and gallant acts . to be deliciae humani generis is growne fordid with princes , to be publike torments and carnificines , and to plot against those subjects whom by nature they ought to protect , is held caesar-like , and therefore bloody borgias by meere crueltie & t●eachery hath gotten roome in the calender of witty , and of spirited heroes . and our english court of late yeares hath drunke too much of this state poyson , for eyther wee have seene favorites raysed to poll the people , and razed againe to pacifie the people ; or else ( which is worse for king and people too ) we have seene engines of mischiefe preserved against the people , and upheld against law , meerely that mischeefe might not want incouragement . but our king here , doth acknowledge it the great businesse of his coronation oath to protect us : and i hope under this word protect , he intends not onely to shield us from all kind of evill , but to promote us also to all kind of politicall happinesse according to his utmost devoyre , and i hope hee holds himselfe bound thereunto , not onely by his oath , but also by his very office , and by the end of his soveraigne dignitie . and though all single persons ought to looke upon the late bills passed by the king as matters of grace with all thankefulnesse and humility , yet the king himselfe looking upon the whole state , ought to acknowledge that hee cannot merit of it , and that whatsoever he hath granted , if it be for the prosperity of his people ( but much more for their ease ) it hath proceeded but from his meere dutie . if ship money , if the starre chamber , if the high commission , if the votes of bishops and popish lords in the upper house , be inconsistent with the welfare of the kingdome , not onely honour but justice it selfe challenges that they be abolisht ; the king ought not to account that a profit or strength to him , which is a losse and wasting to the people , nor ought he to thinke that perisht to him which is gained to the people : the word grace sounds better in the peoples mouthes then in his , his dignitie was erected to preserve the commonaltie , the commonaltie was not created for his service : and that which is the end is farre more honorable and valuable in nature and policy , then that which is the meanes . this directs us then to the transcendent {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} of all politiques , to the paramount law that shall give law to all humane lawes whatsoever , and that is salus populi : the law of prerogative it selfe , it is subservient to this law , and were it not conducing thereunto , it were not necessary nor expedient . neither can the right of conquest be pleaded to acquit princes of that which is due to the people as the authors , or ends of all power , for meere force cannot alter the course of nature , or frustrate the tenour of law , and if it could , there were more reason , why the people might justifie force to regaine due libertie , then the prince might to subvert the same . and t is a shamefull stupidity in any man to thinke that our ancestors did not fight more nobly for their free customes and lawes , of which the conqueror and his successors had in part disinherited them by violence and perjury , then they which put them to such conflicts , for it seemes unnatural to me that any nation should be bound to contribute its owne inherent puissance , meerely to abet tiranny , and support slavery : and to make that which is more excellent , a prey to that which is of lesse worth . and questionlesse a native prince , if meere foree be right , may disfranchise his subjects as well as a stranger , if he can frame a sufficient party , and yet we see this was the foolish sinne of rehoboam , who having deserted and reiected out of an intollerable insolence , the strength of ten tribes , ridiculously sought to reduce them againe with the strength of two . i come now from the cause , which conveyes royalty , and that for which it is conveyed , to the nature of the conveyance . the word trust is frequent in the kings papers , and therefore i conceive the king does admit that his interest in the crowne is not absolute , or by a meere donation of the people , but in part conditionate and fiduciary . and indeed all good princes without any expresse contract betwixt them and their subjects , have acknowledged that there did lie a great and high trust upon them ; nay heathen princes that have beene absolute , have acknowledged themselves servants to the publike , and borne for that service , and professed that they would manage the publike weale , as being well satisfied populi rem esse , non suam . and we cannot imagine in the fury of warre , ( when lawes have the least vigour ) that any generalissimo can be so uncircumscribed in power , but that if he should turne his canons upon his owne souldiers , they vvere ipso facto absolved of all obedience , and of all oathes and ties of allegiance vvhatsoever for that time , and bound by higher dutie , to seeke their owne preservation by resistance and defence : vvherefore if there bee such tacite trusts and reservations in all publike commands , though of the most absolute nature , that can be supposed , vve cannot but admit , that in all well formed monarchies , vvhere kingly prerogative has any limits set , this must needs be one necessary condition , that the subject shall live both safe and free . the charter of nature intitles all subjects of all countries vvhatsoever to safetie by its supreame law . but freedome indeed has divers degrees of latitude , and all countries therein doe not participate alike , but positive lawes must every vvhere assigne those degrees . the great charter of england is not strait in priviledges to us , neither is the kings oath of small strength to that charter , for that though it bee more precise in the care of canonicall priviledges , and of bishops and clergymen ( as having beene penned by popish bishops ) then of the commonalty , yet it confirmes all lawes and rightfull customes , amongst vvhich vve most highly esteeme parliamentary priviledges ; and as for the word eligerit , whether it be future , or past , it skills not much ; for if by this oaths law . justice and descretion be executed amongst us in all judgements ( as vvell in , as out of parliament ) and if peace and godly agreement be 〈◊〉 〈◊〉 amongst us all , and if the king defend and uphold all our lawes and customes , vve need not feare but the king is bound to consent to new lawes if they be necessary , as vvell as defend old : for both being of the same necessity , the publique trust must needs equally extend to both ; and vve conceive it one parliamentary right and custome , that nothing necessary ought to be denyed . and the vvord eligerit , if it be in the perfect tense , yet shewes that the peoples election had beene the ground of ancient lawes and customes , and vvhy the peoples election in parliament should not be now of as great moment as ever , i cannot discover . that vvhich results then from hence , is , if our kings receive all royalty from the people , and for the behoofe of the people , and that by a speciall trust of safety and libertie expressely by the people limited , and by their owne grants and oathes ratified , then our kings cannot be sayd to have so unconditionate and high a proprietie in all our lives , liberties and possessions , or in any thing else to the crowne appertayning , as vve have in their dignity , or in our selves , and indeed if they had , they vvere not borne for the people , but merely for themselves , neither were it lawfull or naturall for them to expose their lives and fortunes for their country , as they have beene hitherto bound to doe , according to that of our saviour , bonus pastor ponit vitam pro ovibus . but now of parliaments : parliaments have the same efficient cause as monarchies , if not higher , for in the truth , the vvhole kingdome is not so properly the author as the essence it selfe of parliaments , and by the former rule t is magic tale , because vve see ipsum quid quod efficit tale . and it is i thinke beyond all controversie , that god and the law operate as the same causes , both in kings and parliaments , for god favours both , and the law establishes both , and the act of men still concurres in the sustentation of both . and not to stay longer upon this , parliaments have also the same finall cause as monarchies , if not greater , for indeed publike safety and liberty could not be so effectually provided for by monarchs till parliaments were constituted , for the supplying of all defects in that government . two things especially are aymed at in parliaments , not to be attayned to by other meanes . first that the interest of the people might be satisfied ; secondly that kings might be the better counsailed . in the summons of edw. the first ( claus. . . . dors. ) we see the first end of parliaments expressed : for he inserts in the writ that whatsoever affayre is of publike concernment , ought to receive publike approbation , quod omnes tangit ab omnibus approbari debet , or tructari . and in the same writ he saith , this is l●x ne tissima & provida circumspectione stabilita , there is not a word here , but it is observeable , publique approbation , consent , or treatie is necessary in all publike expedients , and this is not a meere usage in england , but a law , and this law is not subject to any doubt or dispute , there is nothing more knowne , neither is this knowne law extorted from kings , by the violence and injustice of the people , it is duely and formally establisht , and that upon a great deale of reason , not without the providence and circumspection of all the states . were there no further antiquity , but the raigne of edward the first to recommend this to us , certainly so , there ought no reverence to be withheld from it , for this prince was wise , fortunate , just , and valiant beyond all his predecessors , if not successors also , and therefore it is the more glory to our freedomes , that as weake and peevish princes had most opposed them , so that he first repaired the breaches which the conquest had made upon them . and yet it is very probable that this law was farre ancienter then his raigne , and the words lex stabilita & notissima seemes to intimate , that the conquest it selfe , had never wholly buried this in the publike ruine and confusion of the state . it should seeme at this time llewcllins troubles in wales were not quite suppressed , and the french king was upon a designe to invade some peeces of ours in france , and therefore he sends out this summons ad tractandum ordinandum , & faciendum cum prelatis proceris & aliis incolis regni , for the prevention of these dangers : these words tractandum , ordinandum , faciendum , doe fully prove that the people in those dayes were summoned ad consensum , as well as ad concilium , and this law , quod omnes tangit , &c. shewes the reason and ground upon which that consent and approbation is founded . it is true we finde in the raigne of edward the third , that the commons did desire that they might forbeare counselling in things de queux ils nount pas cognizance ; the matters in debate were concerning some intestine commotions , the guarding of the marches of scotland and the seas ; and therein they renounce not their right of consent , they onely excuse themselves in point of counsell , referring it rather to the king and his counsell . how this shall derogate from parliaments either in point of consent or counsell i do not know , for at last they did give both , and the king vvould not be satisfied vvithout them , and the passage evinces no more but this , that that king was very wise and warlike , and had a very wise counsell of vvarre , so that in those paticulars the commons thought them most fit to be consulted , as perhaps the more knowing men . now upon a due comparing of these passages with some of the kings late papers let the vvorld judge whether parliaments have not beene of late much lessened and injured . the king in one of his late answers , alleadges that his writs may teach the lords and commons the extent of their commission and trust , which is to be counsellors , not commanders , and that not in all things , but in quibusdam arduiis , and the case of wentworth is cited , who was by queene elizabeth committed ( sitting the parliament ) for proposing that they might advise the queene in some things , which she thought beyond their cognizance , although wentworth was then of the house of commons . and in other places the king denies the assembly of the lords and commons when he withdrawes himselfe , to be rightly named a parliament , or to have any power of any court , and consequently to be any thing , but a meere convention of so many private men . many things are here asserted utterly destructive to the honour , right , & being of parliaments . for first , because the law had trusted the king with a prerogative to discontinue parliaments : therefore if he did discontinue parliaments to the danger or prejudice of the kingdome , this was no breach of that trust , because in formalitie of law the people might not assemble in parliament but by the kings writ , therefore in right and equity they were concluded also , so that if the king would not graunt his writ , when it was expedient , he did not proove unfaithfull , or doe any wrong to the people ; for where no remedy is , there is no right . this doctrine was mischievous to us when the king had a prerogative to difuse parliaments , and if it be not now exploded and protested against , may yet bee mischievous in the future dissolution of parliaments , for that power still remaines in the kings trust ; and if to goe against the intent of trnst be no wrong , because perhaps it is remedilesse , our trienniall parliaments may prove but of little service to us ; secondly when parliaments are assembled they have no commission to counsell but in such points as the king pleases to propose , if they make any transition in other matters , they are liable to imprisonment at the kings pleasure , witnesse wentworths case . a meere example ( though of queene elizabeth ) is no law , for some of her actions were retracted , and yet without question queene elizabeth might do that which a prince lesse beloved could never have done : there is a way by goodnesse and clemency for princes to make themselves almost unlimitable , and this way queene elizabeth went , and without doubt had her goodnesse and grace beene fained , shee might have usurped an uncontroleable arbitrary lawlesse empire over us . the sunne sooner makes the travailour desert his cloake , then the wind ; and the gracious acts of soft princes ( such as tiberius did at first personate ) if they be perfectly dissembled may more easily invade the subiects liberty then the furious proceedings of such as caligula was , but we must not be presidented in apparent violations of law by queene elizabeth ; for as generall reverence gave her power to doe more then ordinary , so her perfect undissembled goodnesse , upon which her reverence was firmely planted , made the same more then ordinary fact in her , lesse dangerous then it would have beene in another prince . in this point then leaving the meere fact of queene elizabeth ; wee will retire backe to the ancient law and reason of edward the first , and wee thereby shall maintaine that in all cases wheresoever the generality is touched , the generality must bee consulted . thirdly , if the lords and commons bee admitted to some cognizance of all things wherein they are concerned , yet they must meerely counsell , they must not command , and the king reasons thus , that it is impossible the same trust should bee irrevocably committed to vs , and our heires for ever , and yet a power above that trust ( for so the parliament pretends ) bee committed to others , and the parliament being a body and dissolvable at pleasure , it is strange if they should bee guardians and controlers in the manage of that trust which is granted to the king for ever . it is true , two supreames cannot bee in the same sence and respect , but nothing is more knowne or assented to then this , that the king is singulis major , and yet universis minor , this wee see in all conditionall princes , such as the prince of orange , &c. and though all monarchies are not subject to the same condition , yet there scarse is any monarchy but is subiect to some conditions , and i thinke to the most absolute empire in the world this condition is most naturall and necessary , that the safetie of the people is to bee valued above any right of his , as much as the end is to bee preferred before the meanes ; it is not just nor possible for any nation so to inslave it selfe , and to resigne its owne interest to the will of one lord , as that that lord may destroy it without injury , and yet to have no right to preserve it selfe : for since all naturall power is in those which obay , they which contract to obay to their owne ruine , or having so contracted , they which esteeme such a contract before their owne preservation are felonious to themselves , and rebellious to nature . the people then having intrusted their protection into the kings hands irrevocably , yet have not left that trust without all manner of limits , some things they have reserved to themselves out of parliament , and some thing in parliament , and this reservation is not at all inconsistent with the princes trust , though hee desire to violate the same ; but on the contrary , it is very ayding and strengthning to that trust , so farre as the prince seekes to performe it , for the peoples good ; but it is objected , that a temporary power ought not to bee greater then that which is lasting and unalterable , if this were so , the romans had done unpolitikely , in creating dictators , when any great extremitie assailed them , and yet wee know it was verie prosperous to them , sometimes to change the forme of government ; neither alwayes living under circumscribed consuls , nor yet under uncircumscribed dictators : but it in further objected , that if wee allow the lords and commons to be more than councellors , we make them commanders and controllers , and this is not sutable to royaltie . we say here , that to consent is more than to counsell , and yet not alwayes so much as to command and controll ; for in inferiour courts , the judges are so councellors for the king , as that the king may not countermand their judgements , and yet it were an harsh thing to say , that they are therfore guardians and controllers of the king : and in parliament , where the lords and commons represent the whole kingdome , ( to whom so great a majestie is due ) and sit in a far higher capacitie than inferiour judges doe , being vested with a right both to counsell and consent , the case is far stronger ; and as wee ought not to conceive , that they will either counsell or consent to any thing , but what is publikely advantagious ; so by such councell and consent , wee cannot imagine the king limited or lessened : for if it was by so knowne a law , and so wisely established in edward the firsts dayes , the right of the people , to be summoned at tractandum , ordinandum , faciendum , approbandum , in all things appertaining to the people , and this as then was not prejudiciall to the king , why should the kings writ now abbreviate or annull the same , if the king himselfe be disable for many high matters , till consent in parliament adde vigour to him , it cannot be supposed that hee comes thither meerly to heare councell , or that when he is more than councelled , that it is any derogation , but rather a supply of vertue to him . a fourth thing alleaged to the derogation of parliaments is , that whatsoever the right of parliaments is to assemble or treat in all cases of a publique nature , yet without the kings concurrence and consent , they are livelesse conventions without all vertue and power , the verie name of parliament is not due to them . this allegation at one blow confounds all parliaments , and subjects us to as unbounded a regiment of the kings meere will , as any nation under heaven ever suffered under . for by the same reason , that parliaments are thus vertulesse and void courts , upon the kings desertion of them , other courts must needs be the like , & then what remains , but that all our lawes , rights , & liberties , be either no where at all determinable , or else onely in the kings breast ? we contend not meerly about the name parliament , for the same thing was before that name , and therfore the intent is , that the great assembly of the lords and commons doe not represent and appeare in the right of the whole kingdome , or else that there is no honour , nor power , nor judicature , residing in that great and majesticall body , then which , scarce any thing can be more unnaturall . but these divisions betweene the king and parliament , and betwixt the parliament and kingdome , seeming more uncouth , 't is attempted to divide further betweene part and part in parliament , so making the major part not fully concluding , and in the major part , between a faction misleading , and a party mislead . such excellent masters of devision has machiavils rule ( divide & impera ) made since the of november . 't is a wonderfull thing , that the kings papers being frayted scarce with any thing else but such doctrines of division , tending all to the subversion of our ancient fundamentall constitutions which support all our ancient liberties , and to the erection of arbitrary rule , should finde such applause in the world : but we say further , that there is manifest difference between deserting and being deserted : if the wife leave her husbands bed , and become an adulteresse , 't is good reason that shee loose her dowry , and the reputation of a wife , but if the husband will causelesly reject her , 't is great injustice that she should suffer any detriment thereby , or be dismissed of any priviledge whatsoever . so if the king have parted from his parliament , meerely because they sought his oppression , and he had no other meanes to withstand their tyranny , let this proclaime them a voyd assembly : but if ill counsaile have withdrawne him , for this wicked end meerely , that they might defeat this parliament , and derogate from the fundamentall rights of all parliaments ( as his papers seeme to expresse ) under colour of charging some few factious persons in this parliament , ( god forbid ) that this should disable them from saving themselves and the whole state , or from seeking justice against their enemies . so much of the subjects right in parliament . now of that right which the parliament may doe the king by councell , if the king could bee more wisely or faithfully advised by any other court , or if his single judgement were to be preferred before all advise whatsoever , 't were not onely vaine , but extreamely inconvenient , that the whole kingdome should be troubled to make elections , and that the parties elected should attend the publique businesse ; but little need to bee said , i thinke every mans heart tels him , that in publique consultations , the many eyes of so many choyce gentlemen out of all parts , see more then fewer , and the great interest the parliament has in common justice and tranquility , and the few private ends they can have to deprave them , must needs render their counsell more faithfull , impartiall , and religious , then any other . that dislike which the court has ever conceived against parliaments , without all dispute is a most pregnant proofe of the integrity , and salubrity of that publique advise , and is no disparagement thereof ; for we have ever found enmity and antipathy betwixt the court and the countrey , but never any till now betwixt the representatives , and the body , of the kingdome represented . and were we not now , those dregges of humane race upon whom the unhappy ends of the world are fallen , calumny and envie herselfe would never have attempted , to obtrude upon us such impossible charges of treason and rebellion against our most sacred councell , from the mouthes of popish , prelaticall , and military courtiers . the king sayes ; 't is imp●obable and impossible that his cabinet counsellours , or his bishops or seuldiers , who must have so great a share in the misery , should take such paines in the procuring thereof , and spend so much time , and run so many hazards to make themselves slaves , and to ruine the freedome of this nation : how strange is this ? wee have had almost yeeres experience , that the court way of preferment has beene by doing publicke ill offices , and we can nominate what dukes , what earles , what lords , what knights , have been made great and rich by base disservices to the state : and except master hollis his rich widow , i never heard that promotion came to any man by serving in parliament : but i have heard of trouble and imprisonment , but now see the traverse of fortune ; the court is now turned honest , my lord of straffords death has wrought a sudden conversion amongst them , and there is no other feare now , but that a few hypocrites in parliament will beguile the major part there , and so usurpe over king , kingdome , and parliament for ever , sure this is next to a prodigy , if it be not one : but let us consider the lords and commons as meere counsellors without any power or right of counselling or consenting , yet wee shall see if they be not lesse knowing and faithfull than other men , they ought not to be deserted , unlesse we will allow that the king may cause whither he will admit of any counsell at all or no , in the disposing of our lives , lands , and liberties . but the king sayes , that he is not bound to renounce his owne understanding , or to contradict his owne conscience for any counsellors sake whatsoever . 't is granted in things visible and certaine , that judge which is a sole judge and has competent power to see his owne judgement executed , ought not to determine against the light of nature , or evidence of fact . the sinne of pilate was , that when he might have saved our saviour from an unjust death , yet upon accusations contradictory in themselves , contrary to strange revelations from heaven , he would suffer innocence to fall , and passe sentence of death , meerly to satisfie a bloud-thirsty multitude . but otherwise it was in my lord of straffords case , for there the king was not sole judge , nay , he was uncapeable of sitting as judge at all , and the delinquent was legally condemned , and such heynous matters had beene proved against him , that his greatest friends were ashamed to justifie them , and all impartiall men of three whole kingdomes conceived them mortall ; and therefore the king might therin , with a clear conscience have signed a warrant for his death , though he had dissented from the judgement . so if one judge on the same bench , dissent from three , or one juror at the barre from a eleven , they may submit to the major number , though perhaps lesse skilfull then themselves without imputation of guilt : and if it be thus in matters of law , a fortiori , 't is so in matters of state , where the very satisfying of a multitude sometimes in things not otherwise expedient , may proove not onely expedient , but necessary for the setling of peace , and ceasing of strife . for example : it was the request of the whole kingdome in the parliament to the king , to intrust the militiae , and the magazine of hull , &c. into such hands as were in the peoples good esteeme . conscience and understanding could plead nothing against this , and if it could have beene averred ( as it could not , for the contrary was true ) that this would have bred disturbance , and have beene the occasion of greater danger , yet where the people by publique authority will seeke any inconvenience to themselves , and the king is not so much intressed in it as themselves , 't is more inconvenience and injustice to deny then grant it : what blame is it then in princes when they will pretend reluctance of conscience and reason in things behoofull for the people ? and will use their fiduciarie power in denying just things , as if they might lawfully do whatsoever they have power to do , when the contrary is the truth , and they have no power to do but what is lawfull and fit to be done . so much for the ends of parliamentary power . i come now to the true nature of it , publike consent : we see consent as well as counsell is requisite and due in parliament and that being the proper foundation of all power ( for omnis potestas fundata est in voluntate ) we cannot imagine that publique consent should be anywhere more vigorous or more orderly than it is in parliament . man being depraved by the fall of adam grew so untame and uncivill a creature , that the law of god written in his brest was not sufficient to restrayne him from mischiefe , or to make him sociable , and therefore without some magistracy to provide new orders , and to judge of old , and to execute according to justice , no society could be upheld , without society men could not live , and without lawes men could not be sociable , and without authority somewhere invested , to judge according to law , and execute according to judgement , law was a vaine and void thing , it was soon therefore provided that lawes agreeable to the dictates of reason should be ratified by common consent , and that the execution and interpretation of those lawes should be intrusted to some magistrate , for the preventing of common injuries betwixt subject and subject , but when it after appeared that man was yet subject to unnaturall destruction , by the tyranny of intrusted magistrates , a mischiefe almost as fatall as to be without all magistracie , how to provide a wholsome remedy therefore , was not so easie to be prevented . 't was not difficult to invent lawes , for the limitting of supreme governors , but to invent how those lawes should be executed or by whom interpreted , was almost impossible , nam quis custodiat ipsos custodes ; to place a superiour above a supreme , was held unnaturall , yet what a livelesse fond thing would law be , without any judge to determine it , or power to enforce it ; and how could humaine consociation be preserved , without some such law ? besides , if it be agreed upon , that limits should be prefixed to princes , and judges appointed to decree according to those limits , yet an other great inconvenience will presently affront us ; for we cannot restraine princes too far , but we shall disable them from some good , as well as inhibit them from some evill , and to be disabled from doing good in some things , may be as mischievous , as to be inabled for all evils at meere discretion . long it was ere the world could extricate it selfe out of all these extremities , or finde out an orderly meanes whereby to avoid the danger of unbounded prerogative on this hand , and to excessive liberty on the other : and scarce has long experience yet fully satisfied the mindes of all men in it . in the infancy of the world , when man was not so actificiall and obdurate in cruelty and oppression as now , and when policy was more rude , most nations did chuse rather to submit themselves to the meer discretion of their lords , then to rely upon any limits : and to be ruled by arbitrary edicts , then written statutes . but since , tyranny being growne more exquisite , and policy more perfect , ( especially in countreys where learning and religion flourish ) few nations will indure that thraldome which uses to accompany unbounded & unconditionate royalty , yet long it was ere the bounds and conditions of supreme lords were so wisely determined or quietly conserved as now they are , for at first when ephori , tribuni , curatores &c. were erected to poyze against the scale of soveraignty , much bloud was shed about them , and , states were put into new broyles by them , and in some places the remedy proved worse then the disease . in all great distresses the body of the people was ever constrained to rise , and by the force of a major party to put an end to all intestine strifes , and make a redresse of all publique grievances , but many times calamities grew to a strange height , before so combersome a body could be raised ; and when it was raised , the motions of it were so distracted and irregular , that after much spoile and effution of bloud , sometimes onely one tyranny was exchanged for another : till some way was invented to regulate the motions of the peoples moliminous body , i think arbitrary rule was most safe for the world , but now since most countries have found out an art and peaceable order for publique assemblies , whereby the people may assume its owne power to do itselfe right without disturbance to it selfe , or injury to princes , he is very unjust that will oppose this art and order . that princes may not be now beyond all limits and lawes , nor yet left to be tryed upon those limits and lawes by any private parties , the whole community in its underived majesty shall convene to do justice , and that this convention may not be without intelligence , certaine-times and places and formes shall be appointed for its regliment , and that the vastnesse of its owne bulke may not breed confusion , by vertue of election and representation : a few shall act for many , the wise shall consent for the simple , the vertue of all shall redound to some , and the prudence of some shall redound to all . and sure , as this admirably composed court which is now called a parliament , is more regularly and orderly formed , then when it was called the mickle synod , or witenagenot , or when this reall body of the people did throng together at it , so it is not yet perhaps without some defects , which by art and policy might receive further amendment , some divisions have beene sprung of late betweene both houses , and some betweene the king and both houses , by reason of the uncertainety of jurisdiction ; and some lawyers doubt how far the parliament is able to create new formes and presidents ; and has a jurisdiction over it selfe . all these doubts would be solemnly solved . but in the first place , the true priviledges of parliaments , not onely belonging to the being and efficacy of it , but to the honour also & complement of it , would be clearly declared : for the very nameing of priviledges of parliament , as if they were chimera's to the ignoranter sort , & utterly unknown to the learned , hath beene entertained with scorne since the beginning of this parliament . the vertue of representation hath beene denyed to the commons , and a severance has beene made betwixt the parties chosen and the parties choosing , and so that great priviledges of all priviledges , that unmoveable basis of all honour and power , whereby the house of commons claimes the entire rite of all the gentry and commonalty of england , has beene attempted to bee shaken and disturbed , most of our late distempers and obstructions in parliament have proceeded from this : that the people upon causelesse defamation and unproved accusations have beene so prone to withdraw themselves from their representations , and yet there can be nothing under heaven , next to renouncing god , which can be more perfidious and more pernitious in the people than this . having now premised these things , i come to the maine difficulties lying at this time in dispute before us , it is left unquestioned that the legislative power of this kingdome is partly in the king , and partly in the kingdome , and that in ordinary cases , when it concernes not the saving of the people from some great danger or inconvenience , neither the king can make a generall binding law or ordinance without the parliament , or the parliament without the king , and this is by a knowne maxime , non recurrendum est ad extraordinaria &c. it ought to be also as unquestioned , that where this ordinary course cannot be taken for the preventing of publike mischiefes , any extraordinary course that is for that purpose the most effectuall , may justly be taken and executed by the most transcendent over-ruling primum mobile of all humane lawes , if the king will not joyne with the people , the people may without disloyalty save themselves , and if the people should be so unnaturall as to oppose their owne preservation , the king might use all possible means for their safetie , yet this seemes to be denyed by the king , for he sets forth proclamations and cites statutes in them to prove , that the power of levying armes and forces is solely in him , and he presses them indefinitely , not leaving to the subject any right at all of rising in armes , though for their owne necessary defence , except he joynes his consent and authority : in the same manner also , he so assumes to himselfe a share in the legislative power , as without his concurrence the lords and commons have no right at all to make any temporary orders for putting the kingdome into a posture of defence , in what publique distresse soever : and therefore in sir iohn hothaems case , he doth not onely charge him of treason , for observing the parliaments instructions and commissions in a pretended danger , but he pronounceth the meere act treason , let the circumstances be what they will . let the world judge whether this be not contrary to the clearest beames of humaine reason , and the strongest inclinations of nature , for every private man may defend himselfe by force , if assaulted , though by the force of a magistrate or his owne father , and though he be not without all confidence by flight &c. yet here whole nations being exposed to enmity and hazard , being utterly uncapable of flight , must yeeld their throats and submit to assassinates , if their king will not allow , them defence . see if this be not contrary to the originall , end , and trust of all power and lawe , and whether it doe not open a gap to as vast and arbitrary a prerogative as the grand seignior has , and whither this be not the maine ground of all those bitter invectives almost which are iterated and inforced with so much eloquence in all the kings late papers . see if wee are not left as a prety to the same bloudy hands as have done such diabolicall exployts in ireland , or to any others which can perswade the king that the parliament is not well affected to him , if we may not take up armes for our owne safety , or if it be possible for us to take up armes , without some votes or ordinances to regulate the militia , or to make our defence manly , and not beastiall and void of all counsell , the name of a king is great i confesse , and worthy of great honour , but is not the name of people greater ? let not meere tearms deceave us , let us weigh names and things together , admit that god sheds here some rayes of majesty upon his vicegerents on earth , yet except we thinke he doth this out of particular love to princes themselves , and not to communties of men , wee must not hence invert the course of nature , and make nations subordinate in end to princes . my lord of strafford , sayes that the law of prerogative is like that of the first table , but the law of common safety and utility like that of the second , and hence concludes , that precedence is to be given to that which is more sacred , ( that is ) regall prerogative . upon this ground all parasites build when they seeke to hood-winke princes for their owne advantages , and when they assay to draw that esteeme to themselves , which they withdraw from the people : and this doctrin is common , because 't is so acceptable : for as nothing is more pleasant to princes then to be so deified , so nothing is more gainefull to courtiers then so to please . but to look into termes a little more narrower , and dispell umbrages ; princes are called gods , fathers , husbands , lords , heads , &c. and this implyes them to be of more worth and more unsubordinate in end , then their subjects are , who by the same relation must stand as creatures , children , wives , servants , members , &c. i answer , these termes do illustrate some excellency in princes by way of similitude , but must not in all things be applyed , and they are most truly applyed to subjects , taken divisim , but not conjunctim : kings are gods to particular men , secundum quid , and are sanctified with some of gods royaltie ; but it is not for themselves , it is for an extrinsecall end , and that is the prosperitie of gods people , and that end is more sacred than the meanes , as to themselves they are most unlike god ; for god cannot bee obliged by any thing extrinsecall , no created thing whatsoever can be of sufficient value or excellencie to impose any dutie or tye upon god , as subjects upon princes : therefore granting prerogative to be but mediate , and the weale publike to be finall , wee must rank the lawes of libertie in the first table , and prerogative in the second , as nature doth require ; and not after a kind of blasphemy ascribe that unsubordination to princes , which is only due to god ; so the king is a father to his people , taken singly , but not universally ; for the father is more worthy than the son in nature , and the son is wholly a debtor to the father , and can by no merit transcend his dutie , nor chalenge any thing as due from his father ; for the father doth all his offices meritoriously , freely , and unexactedly . yet this holds not in the relation betwixt king & subject , for its more due in policie , and more strictly to be chalenged , that the king should make happy the people , than the people make glorious the king . this same reason is also in relation of husband , lord , &c. for the wife is inferiour in nature , and was created for the assistance of man , and servants are hired for their lords meere attendance ; but it is otherwise in the state betwixt man and man , for that civill difference which is for civill ends , and those ends are , that wrong and violence may be repressed by one for the good of all not that servilitie and drudgerie may be imposed upon all , for the pomp of one . so the head naturally doth not more depend upon the body , than that does upon the head , both head and members must live and dye together ; but it is otherwise with the head politicall , for that receives more subsistence from the body than it gives , and being subservient to that , it has no being when that is dissolved , and that may be preserved after its dissolution . and hence it appeares , that the verie order of princes binds them not to be insolent , but lowly ; and not to aime at their owne good but secondarily , contrarie to the florentines wretched politiques . and it followes , that such princes , as contrarie to the end of government , effect evill in stead of good , insulting in common servilitie , rather than promoting common securitie , and placing their chiefest pomp in the sufferance of their subjects , commit such sins as god will never countenance ; nay , such as the unnaturall father , the tyrannous husband , the mercilesse master is not capable of committing ; nay , we must conceive that treason in subjects against their prince , so far only as it concernes the prince , is not so horrid in nature , as oppression in the prince exercised violently upon subjects . god commands princes to study his law day and night , and not to amasse great treasures , or to encrease their cavaliers , or to lift up their hearts above their brethren , nor to wast their owne demeanes , lest necessitie should tempt them to rapine . but on the contrarie , machiavels instructions puffe up princes , that they may treat subjects not as brethren , but as beasts , as the basest beasts of drudgerie , teaching them by subtiltie , and by the strength of their militia , to uphold their owne will , and to make meere sponges of the publike coffers : and sure if that cursed heretike in policie could have invented any thing more repugnant to gods commands , and natures intention , he had been held a deeper statesman than hee is ; but i conceive it is now sufficiently cleared , that all rule is but fiduciarie , and that this and that prince is more or lesse absolute , as he is more or lesse trusted , and that all trusts differ not in nature or intent , but in degree only and extent : and therefore since it is unnaturall for any nation to give away its owne proprietie in it selfe absolutely , and to subject it selfe to a condition of servilitie below men , because this is contrarie to the supreme of all lawes , wee must not think that it can stand with the intent of any trust , that necessarie defence should be barred , and naturall preservation denyed to any people ; no man will deny , but that the people may use meanes of defence , where princes are more conditionate , and have a soveraigntie more limited , and yet these being only lesse trusted than absolute monarchs , and no trust being without an intent of preservation , it is no more intended that the people shall be remedilesly oppressed in a monarchy , than in a republique . but tracing this no further , i will now rest upon this , that whatsoever the king has alleaged against raising of armes , and publishing of orders indefinitely , is of no force to make sir iohn hotham , or those by whose authoritie hee acted , traytours , unlesse it fall out that there was no ground nor necessitie of such defence . so much of danger certaine . i will now suppose the danger of the commonwealth uncertaine , the king sayes ; the parliament denyes ; the king commands , the parliament forbids : the king sayes the parliament is seduced by a traiterous faction ; the parliament sayes the king is seduced by a malignant party : the king sayes the parliament tramples upon his crowne ; the parliament sayes the king intends warre upon them : to whether now is the subject bound to adhere ? i will not insist much upon generall presumptions , though they are of moment in this case : for without all question 't is more likely , that princes may erre and have sinister ends , then such generall conventions of the nobility , gentry , and commonalty so instituted , and regulated as ours are in england . the king does highly admire the ancient , equall , happy , well poyzed and never enough commended constitution of this government , which hath made this kingdome , so many years both famous and happy , to a great degree of envie , and amongst the rest , our courts of parliament : and therein more especially , that power which is legally placed in both houses , more than sufficient ( as he sayes ) to prevent and restraine the power of tyranny ; but how can this be ? if the king may at his pleasure take away the being of parliament meerely by dissent , if they can doe nothing but what pleases him , or some clandestine councellours , and if upon any attempt to doe any thing else , they shall be called traitors , and without further arraignment , or legall proceeding , be deserted by the kingdome whose representations they are , what is there remaining to parliaments ? are they not more servile then other inferiour courts ; nay , are they not in a worse condition then the meanest subject out of parliament ? and how shall they restraine tyranny , when they have no subsistance at all themselves ; nay , nor no benefit of justice , but arbitrary . surely if these principles hold , they will be made the very engines and scaffolds whereby to erect a government more tyrannicall then ever was knowne in any other kingdome , wee have long groaned for them , but we are likely now to groane under them : but you will say , the king hath a power of dissent , he may use it at his pleasure , if hee have none , then he is a meere cypher , and the parliament may tyrannize at pleasure : either the one or the other must bee predominant , or else by a mutuall opposition all must perist ; and why not the king predominant rather then the parliament ? we had a maxime , and it was grounded upon nature , and never till this parliament withstood , that a community can have no private ends to mislead it , and make it injurious to it selfe , and no age will furnish us with one story of any parliament freely elected , and held , that ever did injure a whole kingdome , or exercise any tyranny , nor is there any possibility how it should . the king may safely leave his highest rights to parliaments , for none knowes better , or affects more the sweetnesse of this so well-ballanced a monarchy then they do , and it hath been often in their power under great provocations to load that rule with greater fetters & clogs , but they would not . let us marke but the nature , the right , the power , the wisedome , the justice , of parliaments , and we shall finde no cause to suspect them , of such unmatchable treasons and conspiracies as are this day , and never was before charged upon them ; for our chronicles makes it apparent , that there is scarce any other nation wherein monarchy has been more abused by rash inconsiderate princes , then in this , nor none at all wherein it hath been more inviolably adored , and loyally preserved from all diminution , i wish it were not some incitement to those execrable instruments , which steale the kings heart from us , that they thinke the religion of protestants too tame , and the nation of the english too incensible of injuries ; but i hope god will the more tenderly resent these things . the composition of parliaments , i say , takes away all jealousies , for it is so equally , and geometrically proportionable , and all the states doe so orderly contribute their due parts therein , that no one can be of any extreame predominance , the multitude loves monarchy better then aristocracy , and the nobility and gentry , prefer it as much beyond democracy , and we see the multitude hath onely a representative influence , so that they are not likely to sway , and yet some influence they have , and that enough to preserve themselves from being overswaid . we also in england have not a nobility and gentry so independent and potent as in france , germany , denmarke , &c. nor as they were here immediately after the conquest , by reason of their great feoffes , whereby to give lawes either to the crowne , or the people ; but they stand at such faire and comely distances between the king and people , and also betweene themselves , that they serve for an excellent skreene and banke ( as the kings words are ) to assist both king and people against the encroachments of each other . and as the middle region of the aire treats loving offices betwixt heaven and earth , restraining the fumes and exhalations of sea and land , that they ascend not too high , and at the same instant , allaying that restlesse planets scorching flames , which else might prove insufferable to the lower elements : so doth both houses of parliament , as peaceably and sweetly arbitrate betwixt the prince and his poorest vassals , and declining . tyranny on the one side , and ochlocracy on the other , preserving intire to the king the honour of his scopter , and to the people the patrimony of freedome . let us not then seeke to corrupt this purity of composition , or conceive that both gentry ; and nobility can combine against the king , when they have no power but derivative , the one more depending upon the king , and the other upon the people , but both most excellently to affect the good of the whole , and to prevent the exorbitance of any one part . next , the right of all the lords and commons in this state is so great , that no change of goverement can be advantage to them in that temporary capacity , except they could each one obtaine an hereditary crowne , which is a thing utterly impossible . next , their power is meerely derivative , so that except we will conceive that both king and people will be consenting to the usurpation , nothing can be done ; and if wee conceive that they may by fraud gaine their consent , nothing can withstand them . lastly , their wisedome hath beene ever held unquestionable , and their justice inviolable , no prince that ever cast himselfe thereupon was defrauded , no prince that ever declined the same , proved prosperous . in sum , parliamentary government being used as physicke , not dyet by the intermission of due spaces of time , has in it all that is excelleut in all formes of government whatsoever . if the king be an affector of true liberty , he has in parliament a power as extensive as ever the romane dictators was , for the preventing of all publike distresses . if the king be apt to intrude upon the common liberties , the people have hereby many democraticall advantages to preserve themselves . if warre bee , here is the unitive vertue of monarchy to encounter it , here is the admirable councell of aristocracy to manage it . if peace be , here is the industry and courage of democracy to improve it . let us now see how kings usually , governe without parliaments especially such as are ruled by councell averse from parliaments . i need not speake of france , and other countries , where together with these generall assemblies , all liberty is falne to the ground ; i need not travell further then our stories , nay , i need not passe beyond our owne times , my discourse will be endlesse if i doe . the wisest of our kings following their owne private advise , or being conducted by their owne wills , have mistaken their best subiects , for their greatest enemies , and their greatest enemies for their best subiects , and upon such mistakes our iustest kings , have often done things very dangerous . and without upbraiding i may say , that this king by the fraud of such as have incensed him against parliaments , and his most loyall people , hath so far been possest with a confidence in the zeale of traytors , that he hath scarse ever yet enioyed that grandour and splendor which his ancestors did enioy . he hath met in the field with two contrary armies of his own subiects , and yet that army which he went to destroy , and advanced their colours against him , was more loyall than that which himselfe commanded , and yet both were more loyall than those fatall whisperers which ingaged them so one against the other , if the whole kingdome of scotland had been more hearkened to , rather than some few malignants of the popish , and prelaticall faction , the king had sooner found out the fidelity of that whole kingdome , and the infidelity of that wicked faction . but as things then stood , the king was as much incensed against them , as he is against us now , and he that did then perswade him that the scots were no rebels , seemed as great an enemy as he doth now that shall defend the innocency of sir john hotham ; there was no difference at all betwixt that ease of the scots , and this of ours , the king attributed then as much to his own conscience and understanding , as he doth now , and he attributed as little then to the publike votes of that kingdome , as he doth now to this , only in this , our condition is the more unhappy , because that so fresh and memorable experiment doth not at all profit us , but still by a strange kinde of relapse , the king seemes now the more firmly to relie upon his own private reason , and counsell , the more cause he hath to confide in publike advertisements , and the more he professes to doe contrary : the maine question now is , whether the court , or the parliament gives the king the better councell ; the king sayes , he cannot without renouncing his own conscience and reason , prefer the parliaments councell before the courts ; and that which the king here calls conscience and reason , can be nothing else but meere private opinion ; for if the councell of the parliament were directly opposite to common understanding , and good conscience , and the councell of the court were evidently consonant thereunto , there needed no such contestation : for example , the parliament conceives that such and such ill offices have been done to frame parties ; and unite forces against the parliament & the state , and therfore they desire that such townes , and forts , and the publick militia may be intrusted to the custody and command of such noblemen and gentlemen as they confide in ; the kings secret court-councell suggests against this , that this request incloseth at reasonable intention in it , and that the ayme is to wrest all power out of the kings hand , that he may be forced to depose himselfe ; the effect of this is no more but to let the king know , that they are more wise and faithfull than the parliament , and that hee may doe royally to hearken to them in condemning the lords and commons of most inexpiable , unnaturall , impossible treason , for they must needs love him better then the parliament , but he cannot hearken to the lords and commons without offering violence to his owne reason and conscience ; here we see the misery of all , if princes may not be led by their owne opinions , though infused by obscure whisperers , when they scandall the loyalty of whole kingdomes without cause , rather then by the sacred and awfull councels of whole nations , they are denyed liberty of conscience , and ravisht out of their owne understandings . and yet if princes may be admitted to prefer such weak opinions before parliamentary motives and petitions , in those things which concerne the lives , estates , and liberties of thousands , what vain things are parliaments , what unlimitable things are princes , what miserable things are subiects ? i will enlarge my selfe no longer upon this endlesse theame : let us look upon the venetians , and such other free nations , why are they so extreamly iealous over their princes , is it for feare lest they should attaine to an absolute power ? it is meerely for feare of this bondage , that their princes will dote upon their owne wills , and despise publike councels and laws , in respect of their owne private opinions ; were not this the sting of monarchy , of all formes it were the most exquisite , and to all nations it would be the most desirable : happy are those monarchs which qualifie this sting , and happy are those people which are governed by such monarchs . i come now to the particularities of our own present case , for it may be said , that though publik advise be commonly better than private , yet in this case it may be otherwise ; some men have advised the king , that the parliament hath trayterous designes both against his person & crown , and not to be prevented but by absenting himselfe , denying his influence and concurrence , frustrasting and protesting against their proceedings is invalid and seditious , and laying heavy charges of rebellion upon them , to this advise the king hearkens , so the parliament requests , and advises the contrary , and now in the midst of all our calamities , of gasping ireland , and bleeding england , the parliament seeing that either they must make use of their legislative power and make ordinance to secure some forts and settle the militia of the kingdome in sure hands , and to prevent the seducers of the king , or else two kingdomes should probably bee lost , they doe accordingly . the king proclaymes to the contrary notwithstanding . the question then as i conceive is this onely , whether or no the king hath any just cause to suspect the parliament of treason ( and can make appeare to the world as some of his papers mention ) wherein they have attempted or plotted any thing against his person and crowne , which was the onely motive why hee sought to absent himselfe from london , and to possesse himselfe of hull , and to frame such an impeachment against some of both houses , if this can be affirmed and proved , the parliament shall be held guilty in all their votes , ordinances and commissions concerning sir john hotham and the militia , &c. although it be the first time that any free parliament was ever so criminous , but if this cannot bee prooved , it must be granted that according to the votes of parliaments , the kings departure did by frustrating parliamentary proceedings , in a time of such calamitie and distresse greatly indanger two kingdomes , and whosoever advised the king to that departure , and to the charging of treason , since layd upon the parliament ( and all such as have obeyed them , in seeking to prevent publicke mischeefes ) are as pernicious enemies to this state , as ever received their being from it . the businesse of hull is most instanced in , let that be first survayd , sir john hotham is to be lookt upon but as the actor , the parliament as the author in holding hull , and therefore it is much wondered at , that the king seemes more violent against the actor then the author , but since through the actor the author must needs be pearced , if the act be found treason , let us consider of circumstances , the same act may be treasonable or not , if such and such circumstances vary , for example , to possesse a towne and shut the gates against a king is treason , if there be not something in the act or in the intention , or in the authoritie of him that shuts the gates to qualifie and correct the nature of treason in that act . the first thing then to be lookt on is , that the king was meerely denyed entrance for that time , his generall right was not denyed , and no defying language was given , no act of violence was used , though the king for divers houres together did stand within musket shot , and did use termes of defiance , and this makes the act meerely defensive , or rather passive . and therfore how this should administer to the king any ground to leavy guards at yorke , many men wonder , or that it should seeme the same thing to the king , as if hee had beene pursued to the gates of yorke . did the king without any feare treate sir john hotham as a traytor in the face of his artillery , and after to enter hull with twentie horse onely unarmed , and continue such a harsh parley , so many houres , and yet when hee was in yorke , in a county of so great assurance , could nothing but so many bands of horse and foot secure him from the same sir john hotham ? the next thing considerable is the parliaments intention : if the parliament have here upon turned any of the townesmen out of their estates , or claymed any interest in it to themselves , or have disseized the king , utterly denying his right for the future , or have made any other use of their possession , but meerely to prevent civill warre , and to disfurnish the kings seducers of armes and ammunition : let the state bee branded with treason , but if none of these things bee by any credit , though their enemies should bee judges , the most essentiall propertie of treason must needs here bee absent in this act . the next thing considerable is the parliaments authoritie , if the parliament bee not vertually the whole kingdome it selfe , if it bee not the supreame judicature , as well in matters of state as matters of law , if it be not the great councell of the kingdome , as well as of the king , to whom it belongeth by the consent of all nations to provide in all extraordinary cases , ne quid detrimenti capiat respub : let the brand of treason sticke upon it , nay if the parliament would have used this forcible meanes unlesse petitioning would not have prevayled , or if their grounds of jealousie were merely vaine , or if the jealousie of a whole kingdome can bee counted vaine , or if they claime any such right of judging of danger , and preventing them without the kings consent as ordinary and perpetuall , and without any relation to publike danger , let the reward of treason be their guerdon . but if their authoritie be so sacred , their intention so loyall , their act free from offensive violence , and if the king might have prevented the same repulse by sending a messenger before hand , or by coming without such considerable forces in so unexpected a manner , let not treason be here misplaced . had faux falne by a private mans sword in the very instant , when he would have given fire to his trayne , that act had not bin punishable ; and the scots in england tooke newcastle but by private authoritie , yet there were other qualifications in that act sufficient to purge it of treason , and he is not comprehensive of the value of a whole state , nor of the vigour of our nationall union which does not so interpret it ; how much more unjust then is it that the whole state of england shall be condemned of treason for doing such an act as this , when its owne safetie , wherein none can have so much interest as it selfe , was so highly touched ? let not all resistance to princes be under one notion confounded , let the principles and ingredients of it be justly examined , and sometimes it will be held as pious and loyall to princes themselves , as at other times it is distructive and impious . let us by the same test try the actions , intentions , and authoritie of the papists now in ireland : and compare them with this businesse at hull , and we shall see a diametricall contrarietie betweene them . their actions are all blood , rapine , and torture , all ages , all sexes , all conditions of men have tasted of their infernall crueltie . their intentions are to extirpate that religion which hath indeavored so long to bring them from idolatry and atheisme , and to massacre that nation which hath indeavoured so gently to reduce them from poverty and beastiall barbarisme . their chiefe leaders in this horrid tragedy , are jesuites and meere bandettoes , and the authority of king , parliament , and magistracy is the principall thing which they strike at , and seeke to overwhelme in this deplorable deluge of blood , such a direct contrariety then being betwixt the true rebells in ireland , and the misnamed rebells here in england , the same men which condemne the one , if they would be true to themselves , they ought to commend the other , for we have had experience often in england , and other nations have had the like , that kings have marched forth amongst their enemies to encounter with their friends , so easily are they to be flattered into errour , and out of errour to seeke the ruine of those which ayme at nothing but perdition . and yet questionlesse when richard the second was invironed with the forces of spencer , and his confederates , vowing to sacrifice their blood in his quarrell , and in defiance of the adverse trayterous peeres , he which would have told him , that those swords drawne for him , were in truth drawne against him and his best friends , and those swords on the other side drawne against him , or rather against his seducers were indeed drawne for him , should have found but poore acceptance , for without doubt the king would have thought such a suggestion an abuse to his sences , to his reason , to his conscience , and an impudent imposture , worthy of nothing but scorne and indignation . and if it had beene further pressed that the voyce and councell of the peeres was the voyce and councell of the major and better part of the kingdome , whereas spencers party was but of inconsiderable fortunes , and his councell was but private , and might tend to private ends , it is likely the king at the last resort ; would have referred all to his owne will and discretion ; but i have now done with the businesse of hull , and therein i thinke with all objections against the loyaltie of the parliament , for the same reason will extend to all their votes and actions concerning the militia , &c. and in summe all ends in this ; if kings bee so inclineable to follow private advise rather then publique , and to preferre that which closes with their naturall impotent ambition , before that which crosses the same , are without all limits , then they may destroy their best subjects at pleasure , and all charters and lawes of publike safetie and freedome are voyd , and god hath not left humane nature any meanes of sufficient preservation . but on the contrary , if there bee any benefit in lawes to limit princes when they are seduced by privadoes , and will not hearken to the great councell of the land , doubtlesse there must be some court to judge of that seducement , and some authoritie to inforce that iudgement , and that court and authoritie must bee the parliament , or some higher tribunall , there can be no more certaine crisis of seducement , then of preferring private advise before publike . but the king declines this point , and saith , that hee doth not undervalue the whole parliament , or lay charge of treason upon all , he doth confesse that divers have dissented , and divers beene absent , &c. hee deserts onely , and accuses the faction and conspiracy of some few in parliament . wee are now at last fallen upon an issue fit to put an end to all other invectives , let us sticke close to it . the king promises very shortly a full and satisfactory narration of those few persons in parliament : whose designe is , and alwayes was to alter the whole frame of government both in church and state , and to subject both king and people to their owne lawlesse arbitrary power and government ; a little of this logicke is better then a great deale of rhetoricke , as the case now stands . if the king will please now to publish the particular crimes of such , as hee hath formerly impeached of treason , and the particular names of such as now hee sets forth in those characters , and will therein referre himselfe to the strength of his proofes , and evidence of his matter , it is impossible that any jealousie can cloud his integretie , or checke his power any longer ; then it will appeare to all , that he hath not left us , out of any disaffection to parliaments , or out of any good opinion of papists , delinquents , and other incendiaries , but that hee was necessitated to depart from us , that hee might be the better able to preserve to us our religion , lawes and liberties , and that none of his solemne oathes of cordiall love to us hath wanted integretie and faith . this will satisfie all lovers of justice , that he gives not light credit to weake whisperers or malitious informers ( whose ayme may bee to bring this parliament to some ignoble tryall , or to confound it without any tryall at all by generall aspertions and meere calumnious surmises ) this will proclaime his cander and sinceritie , and set a brighter luster upon his justice , then any oratory whatsoever . by the performance of this promise he shall not doe onely right to himselfe , but also to the whole kingdome , for the distracted multitude , being at last by this meanes undeceived , shall not onely prostrate themselves , and all their power presently at his feet , but for ever after remaine the more assured of his good , whether to publike liberties and parliamentary priviledges . howsoever nothing but the awfull promise of a king could make us thinke so dishonorably of parliaments , or suspend our judgements so long of them ; for an aristocracy in parliament cannot bee erected without meanes , and what this meanes shall be , is yet to us altogether inscrutible , for the power of parliaments is but derivative and depending upon publike consent , and how publike consent should be gained for the erection of a new unlawfull odious tiranny amongst us , is not discernable , the whole kingdome is not to bee mastered against consent , by the traine band , nor the traine bands by the lords or debutie lievtenants , nor they by the maior part in parliament , nor the maior part in parliament by i know not what septem-virat , there is some mistery in this which seemes yet above , if not contrary to nature , but since the king hath promised to open it , we will suspend our opinion and expect it as the finall issue of all our disputes . the maine body of the difference being thus stated , i come now to the observations of some other severall obiections against this parliament , and exceptions taken against arbitrary power in all parliaments , and i shall observe no order , but consider them as i finde them , either dispersed or recollected in the kings late expresses . the parliament being complayned against for undutifull usage to the king above all former parliaments , hath said , that if they should make the highest presidents of other parliaments their patterne , there would be no cause to complaine of want of modesty and dutie . the king , because some parliaments formerly have deposed kings , applyes these words to those presidents , but it may iustly be denyed that free parliaments did ever truely consent to the dethroaning of any king of england , for that act whereby richard the second was deposed , was rather the act of hen. the fourth , and his victorious army , then of the whole kingdome . the parliament is taxed of reproaching this kings government , to render him odious to his subiects , whereas indeed all the miscariages and grievous oppressions of former times are solely imputed to the ill ministers and councellors of the king , and all the misfortunes of these times since november , . are imputed to the blame of the parliament : the kings words to the parliament are , that the condition of his subjects when it was at worst under his government was by many degrees more pleasant and happy then this to which the parliaments furious pretences of reformation hath brought them to . in this case the parliament being accused of so haynous crimes , did uniustly betray themselves , if they should not lay the blame upon the kings evill councellors , the onely enemies and interrupters of parliaments . neverthelesse the king takes this as a way of the parliament to let them into their franke expressions of him and his actions , and takes all things spoken against his ministers , as spoken against himselfe , how miserable here is the condition of the parliament , eyther they must sinke under uniust charges , or be censured for the reproachers of their king , nay they are undutifull , if they tell not the king himselfe , that he ought not to onerate himselfe with the blame of his councellors . the parliament , because it could not obtaine no equall justice from the court-caveleers , who are conceived to be the first moovers of those stirres and tumults which happened at westminster , did reserve the hearing of some of the contrary side it selfe , upon this it is objected , that the parliament incited those seditious ; and protected the actors in it , whereas they desire justice yet , and that both sides may be brought fairely to an equall hearing , and before such hearing they desire that no parties may be condemned . and whereas the parliament , upon those rude commotions , are condemned as unheard , and of that which is unproved , and never can be proved , that they leavyed warre upon the king , and drove him away , yet they desire that that meer imputation may not draw any further opposition to their proceedings , and the necessities of the state ; for if the king could not stay at london with safety , yet being now at york in safety , he may concurre with the advice of his parliament ; the distance of the place needs not cause any distance of affection , since the king conceives he hath so few enemies , and assures himself of so many friends in parliament . the parliament sayes , that none of its members may be apprehended in case of suspicion , where no information or witnesses appear , to make good the prosecution , without acquainting the parliament , if leave may be conveniently obtained . in opposition to this a case is put , of a parliament-man that rides from york to london , and takes a purse by the way , the parliament doth not priviledge robberies so done ; for though no such thing be likely ever to be done , yet if it be , in that case the evidence of the fact in that instant , allowes not onely the apprehending , but the casuall killing of such a robber : who sees not many differences betwixt such a case , and that of the five members of the lower house , where neither witnesses , not informers , nor relaters , nor any particularity of crime could be produced ? and yet by the same act the whole house might have been surprized : and all the world knows , that the impeached members still suffer by that charge , and yet can obtain no right against any informers , though it be now converted to their disadvantage . the parliament does not deny the king a true-reall interest in any thing held by him , either in jure coronae , or in jurae personae , yet meerly because it affirms , that in the same thing the state hath an interest paramont in cases of publique extremity ; by vertue of which it may justly seize , and use the same for its own necessary preservation . hereupon , the king replies , that this utterly abolishes his interest in all things , so that by this device , he is made uncapable , either of suffering wrong , or receiving right : a strange violented wrested conclusion ; and yet the kings interest in hull , and in the lives of his subjects , is not such an interest as in other moveables , neither is the kings interest taken away from him ; the same things are still reserved for him , in better hands then he would have put them . the parliament maintains its own councell to be of honour and power above all other , and when it is unjustly rejected , by a king seduced , and abused by private flatterers , to the danger of the common-wealth , it assumes a right to judge of that danger , and to prevent it : the king sayes , that this gives them an arbitrary unlimitable power to unsettle the security of all mens estates , and that they are seduceable , and may abuse this power , nay they have abused it ; and he cites the anabaptists in germany , and the tyrants at athens . that there is an arbitrary power in every state somewhere t is true , t is necessary , and no inconvenience follows upon it ; every man has an absolute power over himself ; but because no man can hate himself , this power is not dangerous , nor need to be restrayned : so every state has an arbitrary power over it self , and there is no danger in it for the same reason . if the state intrusts this to one man , or few , there may be danger in it ; but the parliament is neither one nor few , it is indeed the state it self ; it is no good consequence , though the king makes so much use of it , that the parliament doth abuse power , because it may : the king would think it hard that we should conclude so against him , and yet the king challenges a greater power then parliaments : and indeed if the parliament may not save the kingdome without the king , the king may destroy the kingdom in despight of the parliament ; and whether then challenges that which is most arbitrary , and of most danger ? but the king sayes , this parliament has abused their power . ( i wish kings had never abused theirs more ) and the parliament answers , that this is but his nude avirment , and in controversies that ought not to condemn private men , much lesse ought parliaments to fall under it . and as for mr hooker , he does not say , that the anabaptists in germany did deceive parliaments with their hypocrisie , and therefore inferre that parliaments ought no further to be trusted : the stirres of the anabaptists in germany conclude no more against parliaments , then the impostures of mahomet in arabia do . and as for the tyrants of athens , we know they were not so chosen by the people , as our knights , citizens , and burgesses are , nor created or called by any kings writ , as our peers are ; nor did they so meerly depend upon their own good abearing , and the good liking both of king and state , as our lords and commons now do ; neither had they so many equalls and rivalls as both our houses contain : we know their power was not founded upon the consent of the citizens , but the strength of their souldiers ; neither were their souldiers such as our train bands , but meer mercinaries of desperate , or perhaps no fortunes , whose revenue was rapine , whose trade was murther : i fear they were more like our cavaliers at yorke , then the militia at london : were our new militia any other our old trayn bands , or our new lievtenants , and deputies , any other then the same lords and gentlemen , with very little variation , which before were very well reputed of , both by king and commons , and not yet by either excepted against , or did the whole fate of the kingdom depend meerly upon the new militia , this new device of an aristocrasie might seem the more plausible ; but as things now stand , this new aristocraticall fabrick cannot seem to any impartiall man , but as empty a shadow , and ayrie a dream as ever mans fancie abused it self withall . the parliament sayes , that the kings power is fiduciary , and not to be used against the kingdom , but for it only : the king hereupon demands , may any thing be taken from a man , because he is trusted with it ? or may the person himself take away the thing he trusts when be will , and how he will ? our case of hull is not so generall , the things there remaining in the kings trust for the use of the kingdom were arms , and by consequence of more danger , then other kinde of chattels . and if i intrust my cloak to anothers custody , i may not take it away again by force ; but if it be my sword , and there is strong presumption , that it may be drawn upon me , i may use any means to secure it . the parliament claims a right of declaring , and interpreting law . the king makes this question thereupon ? is the law it self subject to your votes , that whatsoever you say , or do , shall be lawfull , because you declare it so ? am i supream , and yet you above me ? must my power be governed by your discretion ? this is the popes arrogance , that all must submit their understanding , and scripture it self , to his declaring power : and a case is put of the irish rebels , making themselves a major part in parliament , and so voting against the true religion , &c. in perspicuous , uncontroverted things , the law is it own interpreter , and there no judge is requisite , and the parliament cannot be taxed to have declared law by the rule of their actions ; they have squared their actions according to law , they may be censured , but they cannot be convinced of any injustice . t is true , in meer matters of state , the parliament is not bound to strict presidents at all times , but in matters of right , and justic● they have not deviated , either to the right hand , or to the left : howsoeve● , in matters of law and state both , where ambiguity is , some determin●●ion must be supream , and therein , either the k●ngs power and t●ust must be guided by the discre●ion of the parliament ; or else the parliament , and all other courts must be overruled by the kings meer discretion ; and there can be nothing said against the arbitrary supremacy of parliaments , &c. but farre more upon better grounds , may be said against the arbitrary supremacy of the king . as for the popes arrogance , who undertakes to interpret scripture where it wants no interpreter , and in matters of meer opinion to usurpe over al● mens consciences ; as if he had an infallibility in his sole breast . he is not an instance so fitly to be alleaged against parliaments , as princes , for slavish very probable , that if the church had not submitted it self to so 〈◊〉 a condition under one man , but had been governed by some generall junto of divines fairly elected , it had never swerved into such soul idolatry , and superstition , as it has done . as for the case of ireland , i conceive , t is improperly urged ; for england and ireland are one and the same dominion , there is as true and intimate an union betwixt them , as betwixt england and wales ; and though by reason of remote situation , they do not meet in one , and the same parliament ; yet their parliaments , as to some purposes , are not to be held severall parliaments . and therefore , if the papists in ireland were stronger , and had more votes in parliament then the protestants , yet they would want authority to overrule any thing voted , and established before in england . for the reason , why the minor part in all suffrages subscribes to the major is , that bloud may not be shed . for in probability , the major part will prevail , and else strife , and bloudshed would be endlesse : wherefore the major part in ireland , by the same reason ought to sit down and acquiesce , because ireland is not a severall monarchy from england ; nor is that a major part of ireland , and england too ; for if it were , it would give law to us , as we now give law there ; and their statutes would be of as much vertue here , as ours are there . the parliament in case of extream danger , challenges an authority of setling the militia in sure hands , and removing doubtfull persons ; if the king will not be entreated to do it of himself ? the kings sayes , this is to put his intrusted power out of himself into others , and so to devest and disable himself for the protection of his people . this is a strange mistake . the parliament desires no removeall of that power which was in the king , but that which was in such or such a substitute ? and how doe this devest and disable the king ? and if the king sayes , that he has a better opinion of such a substitute , then of an other , though the parliament conceive otherwise , then what does he but prefer his own private opinion before the most honourable of all councells , before the voyce of the whole kingdom ? what higher law then have we remaining then the kings will ? and as for his account to god , will it be easie ▪ for him to pleade , that he used such an instrument of his own meer discretion against publike advice if things prove unhappy , then that he followed the most noble councell , and such whose lifes , fortunes , and interests , were most deeply concerned in it ? and as for those absurde unreasonable , incredible suppositions of the injustice , and treasons of parliaments , as if they were lesse carefull of the publike good , then single rulers , though it be spoken in derision , wise men perhaps may be not so apt to laugh in applause , as in contempt of it . for how has the parliament removed the rub of all law out of its way , because it assumes to it self to be higher then any other court , and to be in declaring law , as farre beyond the kings single countermands in parliament , as other inferiour courts are out of parliaments ? or how , has it erected a new upstart authority to affront the king , and maintain an aristocraticall usurpations , when the main body of the militia is still the same as it was , and such as the king professes no suspition of , and no alteration is of the heads thereof , except only in some few popishly inclined , or not publikely so honoured , and confided in as they ought ? and when the same allegiance is performed , the same supremacy of power confessed to be now in the king over the militia , as has ever been ? n●y , what ground can there be for this imaginary usurpation , when the king professes , he fixes not that traiterous designe upon both , or either house of parliament , being most confident of the loyalty , good affectio●s ▪ and integrity of that great body ? is the main body of the kingdom loyall ? is the main body of the parliament loyall ? is the king true to himself ? and is all his great partie of clergymen , courtiers , souldiers , &c. constant ? and yet is there a machination in hand , to introduce aristocraticall usurpation odious to all men ; which neither kingdom , parliament , king , nor all the royallists can oppose ? what a strange unlathomable machination , and work of darknesse is this ? but this is said to be done by cunning , force , absence , or accident . if it be by cunning , then we must suppose that the kings party in parliament has lost all their law , policy , and subtilty , and that all the parliament , except some few are luld-a-sleep by mercuries minstrelsie ; or that some diabolicall charme has closed up all their various eyes . if it be by force , then we must suppose that our aristocraticall heads carry about them great store of that serpents teeth which yeilded heretofore so sudden and plentifull a harvest of armed men , being but cast into the furrows of the earth , though their armies have been hitherto invisible , yet we must suppose , that they are in a readinesse to rise upon the first alarum beaten . if it be by absence , then we must suppose , that this aristocraticall machination is easily yet to be prevented , for t is not a hard matter to draw a full apparence together , and that we see has been done lately by the order of the house it self . nay , we see t is not the house , but the opposite part that desires to scatter , and divide , and draw away , and as much as in them lyes to hinder a full assembly : and therefore , this is not the way . if it be by accident , then we must be contented to expect , and have a little patience ; fortune is not alwayes constant to one certain posture , nor do the celestiall bodies confine themselves to one unaltered motion . the parliament requests of the king , that all great officers of state , by whom publike affaires shall be transacted , may be chosen by approbation , or nomination of the great councell . the king takes this as a thing maliciously plotted against him , as a proposition made in mockery of him , as a request which he cannot yeeld to , without shewing himself unworthy of that trust , which law reposes in him , and of his descent from so many great and famous ancestors : he conceives , he cannot perform the oath of protecting his people if he abandon this power , and assume others into it . he conceives it such a flowre of the crown , as is worth all the rest of the garland , not to be parted with all upon any extremity of conquest or imprisonment ; nor for any low sordid considerations of wealth , and gain whatsoever . he conceives , that if he should passe this , he should retain nothing but the ceremonious ensignes of royalty , or the meer sight of a crown and scepter ; ( nay the stock being dead ▪ the twigs would not long flourish ; ) but as to true , and reall power , he should remain , but the outside , the picture , the signe of a king . could this be , if all parliaments were not taken as deadly enemies to royalty ? the substance of the request seems to be no more but this , that it would please the king to be advised by parliaments , rather then his own meer understanding , or any inferiour councellors in those things which concern the liberties , and lifes of the whole people . and how could this request seem equall to a demanding of the crown , to a dethroning of the king , and to a leaving of the kingdom destitute of protection , if parliaments were not supposed mortall enemies to princes , and princes not supposed , but openly declared enemies to parliaments ; if the king choose such a man treasurer or keeper out of his own good liking only , or upon recommendation of such a courtier , here he is devested of no power ; but if it be upon the recommendation of the whole kingdome in parliament , who in all probability can judge better , and are more concerned , this is an emptying himself of majesty , and devesting himself of power . ordinary reason cannot suggest otherwise hereupon , but either parliaments affect not kings , nor their own good , nor would make good elections , or else kings affect not parliaments , nor the kingdoms good , and therefore they oppose such elections , meerly because they are good : but let us observe the kings reasons against parliamentary elections ; for first , he conceives them prejudiciall for the people : secondly , dishonourable to himself . man is by nature of restlesse ambition ; as the meanest vassall thinks himself worthy of some greatnesse , so the most absolute monarch aspires to something above his greatnesse . power being over obtained by haughty mindes , quickly discovers that it was not first aimed at meerly to effect noble actions , but in part to insult over others ; and ambitious men thirst after that power which may do harm , as well as good ; nay , though they are not resolved to do harm , yet they would be masters of it , — qui nolunt occidere quenquam — posse volunt . and yet let this power be added , the minde still remains unfilled , still some further terrestriall omnipotence , a sharing with god , and surmounting above mortall condition is affected . our law has a wholesome maxime , that the king may onely do that which is just ; but courtiers invert the sense of it , and tell him , that all is just which he may do , or which he is not restrained from doing by law . such and such things princes ought not to do , though no law limited them from doing thereof ; but now those things which by nature they abhorre to do , yet they abhorre as much to be limited from . that disposition which makes us averse from cruelty and injury ▪ we account a noble and vertuous disposition ; but that law which shall restrain us from the same is stomacked at , and resisted , as a harsh bit to put into our mouths , or bonds upon our arms . antoninus pius is greatly renowned for communicating all weighty affairs , and following publike advice a ▪ dapprobation in all great expedients of high concernment ; and he was not more honourable then prosperous therein . had he been a meer servant to the state , he coul● not have condescended further ; and yet if he had done necessarily , what he did voluntarily , the same thing had been in the same manner effectuall ; for t is not the meer putting or not putting of ●aw , that does after the nature of good or evill . power then to do such an evill , or not to do such a good , is in truth no reall power , nor desired out of any noblenesse , but rather windy arrogance ; and as it is uselesse to men truely noble , so to men that love evill for evill ends t is very dangerous . what will nero more despise , then to condescend as antoninus did ? yet 't were more necessary that nero were limited then antoninus ; for excessive power added to nero's cruelty , serves but as oyl poured upon flame . when princes are as potent as vicious , we know what ministers swarm about them ; and the end is , that as vast power corrupts and inclines them to i●l councells so they perish at last by councellors worst of all . t is pretended that princes cannot be limitted from evill , but they may be disabled from doing good thereby , which is not alwayes true ; and yet if it were , the people had better want some right , then have too much wrong done them : for what is more plain then this , that the venetians live more happily under their conditionate duke , then the turks do under their most absolute emperours . neverthelesse , if we consider the noble trophees of rome which it gained under consuls , and conditiona●e commanders , we may suppose that no defect at all could be in that popular and mixt government . and our neighbours in the netherlands are a good instance ; for they being to cope with the most puissant and free prince of christendom , being but the torn relique of a small nation , yet for their defence , would not put themselves under a dictatorian power , but they prepared themselves for that so terrible encounter , under the conduct of a generall much limitted . neither have those straitned commissi●ns yeelded any thing but victories to the states , and solid honour to the princes of orange ; and what more , the mightiest monarchs of our age have atchieved or enjoy'd , besides the filling of a phantasticall humour with imaginary grandour . i speak not this in favour of any alteration in england , i am as zealously addicted to monarchy , as any man can , without dotage : but i know there are severall degrees of prerogatives royall , some whereof have greater power of protection , and lesse of oppression ; and such i desire to be most studious of : in some things i know t is dangerous to circumscribe princes , but in others there may be great danger in leaving them to their pleasure , and scarce any hope at all of benefit ; and amongst other things , the choice of publike officers , if the state have ( at least ) some share therein with the king , what considerable inconvenience can happen thereby to the state or king , is not in me to foresee : but if it have no share , experience sufficient teacheth us what great disasters may happen . and so for the disusing and dissolving of parliaments ; if the parliament divide some part of that power with the king , i see great good , but no harm at all that can ensue , either to weaken the crown , or disturb the subject thereby . but it will be said in the next place , if this disables not the king from protecting the subject , yet it diminishes his own right , and leaves him but the shadow of royalty . this is grounded upon a great mistake ; for some men think it a glorious thing to be able to kill , as well as to save , and to have a kinde of a creators power over subjects : but the truth is , such power procures much danger to ill princes , and little good to any ; for it begets not so much love as fear in the subiect , though it be not abused ; and the fear of the subject does not give so perfect a dominion as love . were hannibal , scipio ▪ &c. the lesse honoured or beloved because they were not independent ? surely no , they were the lesse feared , and for the same cause the more honoured and beloved . or were alexander , pyrrbus ▪ &c. the more honoured or beloved , because they were independant ? i believe the contrary , and that they had lived more gloriously , and died lesse violently , if a more moderate power had rendred them lesse insolent in their own thoughts , and lesse feared in other mens . was caesar the private man lesse successefull in his warres , or lesse dear in all his souldiers eyes , or lesse powerfull in his countrey-mens affections , then caesar the perpetuall dictator ? no , if the imperiall throne of the world added any thing to caesar , 't was not excellence , nor true glory , 't was but the externall complements of pomp and ostentation , and that might perhaps blow up his minde with vanity , and fill the people with 〈◊〉 , it could not make caesar a nobler , gallanter , greater caesar 〈◊〉 he was . i expect no lesse then to be laught at at ●ourt , and to be h●ld the author of a strange paradox , by those men which stick not to say , that our king is now no more king of scotland , then he is king of france , because his meer pleasure there , is not so predominant in all cases of good and evill whatsoever : but i regard not those fond things which cannot see in humane nature what is depraved in it , and what not , and what proceeds from vain , and what from true glory ; and wherein the naturall perfection of power and honour , differs from the painted rayes of spurious majesty and magnificence . to me the policy of scotland seems more exquisite in poynt of prerogative , then any other in europe , except ours : and if the splendor , and puissance of a prince consist in commanding religious , wise , magnanimous , warlike subjects , i think the king of scotland is more to be admired then the king of france ; and that he is so , to the meer ingenuity of government , i ascribe it . but some will allow , that to follow the pattern of antoninus freely , and voluntarily , as he did , is not dishonourable in a prince ; but to be under any obligation or law to do so , is ignoble . and this is as much as to say , that law , though good , yet quate●●s law is burthenous to mans nature ; and though it be so but to corrupted nature , in asmuch as it retains from nothing , but that which nature in its purity would it self restrain from ; yet corrupted nature it self is to be soothed and observed . i have done with this point : 't was spoken in honour of hen. . that he governed his subjects by his laws , his laws , by his lawyers , and ( it might have been added ) his subjects , laws and lawyers by advice of parliament , by the regulation of that court which gave life and birth to all laws . in this policy is comprized the whole act of soveraignty ; for where the people are subject to the law of the land and not to the will of the prince , and where the law is left to the interpretation of sworn upright judges , and not violated by power ; and where parliaments superintend all , and in all extraordinary cases , especially betwixt the king and kingdom , do the faithfull offices of umpirage , all things remain in such a harmony , as i shall recommend to all good princes . the parliament conceives that the king cannot apprehend any just fear from sir john hotham , or interpret the meer shutting of hull gates , and the sending away of arms and ammunition in obedience to both houses , to be any preparation for warre and invasion against him at york , and therefore they resolve to raise forces against those forces which the king raises to secure himself from sir john hotham . the king hereupon charges the parliament of levying warre against him , under pretence of his levying warre against them . this is matter of fact and the world must judge whether the kings preparations in the north be onely sutable to the danger of sir john hotham or no ; and whether the parliament be in danger of the kings strength there or no : or whether is more probable at this time , that the king is incensed against the parliament , or the parliament against the king : or that the king is more intentive to assayl the parliament , or the parliament the king . 't is true , the king abjures any intention of making warre against his parliament ; but what he intends against the malignant party in or out of parliament , is not exprest : and the king abjures invasive warre against them ; but whether he think not himself first invaded already , is not exprest ; and the specifying of a faction in parliament of some few malignants , secures none ; for none can plead force , and none ought to plead folly in treasons of this nature , and the major part of the houses can neither plead absence or dissent ; and those which can , must not be their own purgators . besides , the act of sir john hotham is disputable ; the king adjudges it treason , the parliament adjudge it no treason ; and the king has not declared whether he will refer this to the tryall of the sword only , or to some other tryall ; and if so , to what kinde of tryall the judgement of a parliament shall be submitted : if we call another parliament to judge of this , so we may appeal in infinitum ; and why another should be cleerer then this , we cannot imagine : if we could constitute a higher court for this appeal , so we might do in infinitum also ; but we know no higher can be imagined : and if we appeal to a lower , that were to invert the course of nature : and to confound all parliaments for ever ; if we call all the kingdom to judge of this , we do the same thing as to proclaim civill warre , and to blow the trumpet of generall confusion : and if we allow the king to be the sole , supream competent judge in this case , we resigne all into his hands , we give lifes , liberties , laws , parliaments , all to be held at meer discretion ? for there is in the interpretation of law upon the last appeal , the same supremacy of power requisite , as is in making it ; and therefore grant the king supream interpreter , and t is all one , as if we granted him to be supream maker of law ; and grant him this , and we grant him to be above all limits , all conditions , all humane bonds whatsoever . in this intricacy therefore , where the king and parliament disagree , and judgement must be supream , either in the one or other , we must retire to ordinary justice , and there we see , if the king consent not with the ordinary judge , the law thinks it fit , that the king subscribe , rather then the judge . and if this satisfie not , we must retire to the principles of nature , and there search , whether the king or kingdom be to be lookt upon as the efficient , and finall cause , and as the proper subject of all power . neither is the oath of supremacy indangered hereby ; for he that ascribes more to the whole universality , then to king ; yet ascribes to the king a true supremacy of power , and honour above all particulars : nor is our allegiance temerated , for when the judge on the bench delivers law contrary to the kings command ; this is not the same thing , as to proceed against the kings person , upon any judgement given against him . the king as to his own person , is not to be forcibly repelled in any ill doing● nor is he accountable for ill done , law has only a directive , but no coactive force upon his person ; but in all irregular acts where no personall force is , kings may be disobeyed , their unjust commands may be neglected , not only by communities , but also by single men sometimes . those men therefore that maintain , that all kings are in all things and commands ( as well where personall resistance accompanies , as not ) to be obeyed , as being like gods , unlimitable , and as well in evill , as in good unquestionable , are sordid flatterers . and those which allow no limits but directive only , and those no other but divine and naturall ; and so make all princes as vast in power as the turk , ( for he is subject to the directive force of god , and natures laws ; ) and so allow subjects a dry right without all remedy , are almost as stupid as the former . and those lastly , that allow humane laws to obleage kings more then directively , in all cases where personall violence is absence , and yet allow no judges of those laws , but the king himself , run into absurdities as grosse as the former . i come now to those seven doctrines , and positions , which the king by way of recapitulation layes open as so offensive — and they run thus : . that the parliament has an absolute indisputable power of declaring law , so that all the right of the king and people , depends upon their pleasure . it has been answered , that this power must rest in them , or in the king , or in some inferiour court , or else all suites must be endlesse , and it can no where rest more safely then in parliament . . that parliaments are bound to no precedents . statutes are not binding to them , why then should precedents ? yet there is no obligation stronger then the justice and honor of a parliament . . that they are parliaments , and may judge of publike necessity without the king , and dispose of anything . they may not desert the king , but being deserted by the king , when the kingdom is in distresse , they may judge of that distresse , and relieve it , and are to be accounted by the vertue of representation , as the whole body of the state . . that no member of parliament ought to be troubled for treason , &c. without leave . this is intended of suspicions only , and when leave may be seasonably had , and when competent accusers appear not in the impeachment . . that the soveraign power resides in both houses of parliament , the king having no negative voyce . this power is not claimed as ordinary ; nor to any purpose , but to save the kingdom from ruine , and in case where the king is so seduced , as that he preferres dangerous men , and prosecutes his loyall subjects . . that levying forces against the personall commands of the king , ( though accompanied with his presence ) is not levying warre against the king : but warre against his authority , though not person , is warre against the king ? if this were not so , the parliament seeing a seduced king , ruining himself , and the kingdom could not save both , but must stand and look on . . that according to some parliaments , they may depose the king ? t is denyed , that any king was deposed by a free parliament fairly elected . to stand in comparison with these , i shall recite some such positions as the kings papers offer to us ; and they follow thus . . that regall power is so derived from god and the law , as that it has no dependence upon the trust , and consent of man ; and the king is accountable therefore to god and his other kingdoms , not to this ; and it is above the determination of parliaments , and by consequence boundlesse . . that the king is supream indefinitely , viz. as well universis , as singulis . . that the king has such a propriety in his subjects , towns , forts , &c. as is above the propriety of the state , and not to be seized by the parliament , though for the publike safety . . that so farre as the king is trusted , he is not accountable how he performs , so that in all cases the subject is remedilesse . . that the being of parliaments is meerly of grace , so that the king might justly have discontinued them , and being summoned , they are limited by the writ , and that ad consilium only , and that but in quibusdam arduis , and if they passe the limits of the writ , they may be imprisoned . that if the king desert them , they are a voyde assembly , and no honour due to them , nor power to save the kingdom , that parliamentary priviledges are no where to be read of , and so their representation of this whole kingdom is no priviledge , nor addes no majesty , nor authority to them . that the major part in parliament is not considerable , when so many are absent , or dissent . that the major part is no major part , because the fraud , and force of some few over-rules them . that parliaments may do dishonourable things , nay treasonable : nay , that this hath been so blinded by some few malignants , that they have abetted treason in sir john hotham , trampled upon all law , and the kings prerogative , and sought to inslave the whole kingdom under the tyranny of some few , and sought the betraying of church , and state , and to the same erected an upstart authority in the new militia , and levyed warre upon the king , under pretence that he levies warre upon them . that parliaments cannot declare law , but in such and such particular cases legally brought before them . that parliaments are questionable , and tryable elsewhere . these things , we all see , tend not only to the desolation of this parliament , but to the confusion of all other , and to the advancing of the king to a higher power over parliaments , then ever he had before over inferiour courts . parliaments have hitherto been sanctuaries to the people , and banks against arbitrary tyranny ; but now the meer breath of the king , blasts them in an instant ; and how shall they hereafter secure us , when they cannot now secure themselves ? or how can we expect justice , when the meer imputation of treason , without hearing , tryall , or judgement , shall sweep away a whole parliament ; nay all parliaments for ever ? and yet this is not yet the depth of our misery , for that private councell which the king now adheres to , and preferres before parliaments , will still inforce upon our understandings , that all these doctrines , and positions tend to the perfection of parliaments ; and all the kings forces in the north , to the protection of law and liberty . i finde my reason already captivated , i cannot further — finis . the altar dispute, or, a discovrse concerning the severall innovations of the altar wherein is discussed severall of the chiefe grounds and foundations whereon our altar champions have erected their buildings / by h. p. parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; :e , no ) the altar dispute, or, a discovrse concerning the severall innovations of the altar wherein is discussed severall of the chiefe grounds and foundations whereon our altar champions have erected their buildings / by h. p. parker, henry, - . [ ], [i.e. ] p. printed by r. cotes for samuel enderby ..., london : [i.e. ] year of publication from thomason coll. reproduction of original in thomason collection, british library. eng altars -- england -- early works to . great britain -- religion -- th century. a r (wing p ). civilwar no the altar dispute, or a discourse concerning the severall innovations of the altar, vvherein is discussed severall of the chiefe grounds and parker, henry d the rate of defects per , words puts this text in the d category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - ben griffin sampled and proofread - ben griffin text and markup reviewed and edited - pfs batch review (qc) and xml conversion the altar dispute , or a discovrse concerning the severall innovations of the altar , wherein is discussed severall of the chiefe grounds and foundations whereon our altar champions have erected their buildings . by h. parker hebr. . . wee have an altar whereof they have no right to eate , which serve the tabernacle . london , printed by r. cotes for samuel enderby , and are to bee sold at his shop at the signe of the starre in popes-head-ally . . to the right honovrable william lord viscount say , and seale master of his highnesse court of wardes and liveries , and one of his majesties most honourable privie counsell . my lord , the severall concurrent attempts which were made of late upon the setled doctrine and discipline of our church begot jealous conceits in mee , that either our religion had been hitherto erroneous , or was likely to prove unsure for the future . some blame , me thought , was due either to former times , that they had not beene wise in receding from rome so far as they had done , or to the present for not being sincere in returning so fast back againe . to excuse both 〈…〉 secure in points of so great concernment , 〈◊〉 , and tendernesse of conscience would not permit , and to be rash in my censure without search , and diligent study seemed unjust , and unchristian : wherefore that i might purchase to my selfe being thus perplexed just and fayre satisfaction , and ex●ricate my selfe out of the mischieves of stupidity and temerity both , i did seriously addict my selfe notwithstanding the dissuasions of my owne particular profession , interest and want of 〈…〉 debate , ventilate , and examine the novelties of the time . and verily , as to my selfe , my indeavours were not long successesse , for i did at last perceive that there was more danger in our innovators then depth in our innovations : and as to some others not injudicious , i found them concurring with mee in opinion , and incouraging mee withall to make my observations more publick . my lord , i know none more desirous to diffuse good then your honour , nor scarce any better meane whereby to diffuse it to others then your 〈…〉 wherefore i beseech this as an addition to 〈◊〉 former favours , that i may 〈…〉 honoured name , whereby to make more acceptable to all good men thesepoore indeavours of your most gratefully devoted servant and allies-man h. p. errata . page . l. . for lev ; min: read lincolnshire mr. p. . l. . for exception r. acception , p. . l. . for opposed r. opposite , p. . l. . for trnd r. round . p. . l. . for instituted r. instructed , p. . l. . for specified r. speciphicall , p. , l. . for portable r. probable , l. . probable , r. portable , p. . l. . for western r. eastern p. . l. . for stranger r. stronger . p. . l. for po . r. posture . p. l. . for not , r. most , p. . l. . read of peter , p . l. . for supposition r. suppositum . p. . l. . for consecrated , r. unconsecrated the altar dispvte , or discovrse , concerning the severall innovations of the altar . of altars . a great faction of church-men has of late yeares , by many severall innovations attempted to alter our religion , and to new reforme that reformation of it which was begunne by edw. . and further matured by queene eliz. the pretence was , that our ancestors in the reformation did depart too farre from popery , out of favour to puritanicall calvin , and so the designe was , to have brought in popery againe ; but with a muzzle upon it at first ( as sir ben. ruddlard sayes ) which muzzell would soone have falne off , or beene taken off , as is generally conceived , amongst other innovations , much care was had of altars , many bookes were printed and set forth by authority in favour of them , but no man was suffered to say do , or write any thing in answer or prejudice thereof . the times are now a little more propitious , and that audaciates me beyond my learning , or profession to enterprise at this time something for the better clearing of the truth in this case concerning altars . if i faile not for want of learning and judgement , i shall not for want of ingenuity , and modesty ; and i wish that our altar-patrons had not beene so scurrilous , and bitter as they have beene ; for it seemes to me , that the venemous raylings and distempers of men within sacred orders , when they are treating of matters of religion , cast a great disgrace upon the age we are borne in , the countrey we are bred in , the religion we are baptized in . in this altar-dispute , foure things come into question . concerning the reality of altars . concerning the propriety of the names . concerning the altar posture . concerning the sanctity of the altar or its due adoration . chap. . concerning the reality of altars . as for the maintaining of reall , and proper altars , doctor heylin layes these grounds . hee sayes , that the passion of our saviour , as it was prefigured to the jewes in the legall sacrifice , a parte ante : so by christs institution it is to be commemorated by us christians in the holy supper a parte post . a sacrifice it was in figure , a sacrifice in fact , and so by consequence a sacrifice in the commemoration , or upon the post fact . he sayes further , that if a sacrifice be , there must also be both priest and altar . yet he assignes these differences , that the former sacrifices were bloody , as this is not ; that the former priests were from aaron , ours from melehisedeck ; that the former altars were for mosaicall , ours for evangelicall sacrifices . to shew the weaknesse of these grounds , we answer : that the word sacrifice taken in a generall sense for any sacred office , or divine service performed , does not inferre any propriety of either priest , or altar ; and if we take sacrifice in that serise , as the patriarchs , jewes , or heathens did , or as papists now doe : we grant priests , and altars are necessarily implied thereby , but such a sacrifice we deny our communion to be . t is true , the passion of our saviour was prefigured in sacrifices a parte ante , but very darkly ; and if cain , abel , noah , or aaron , did sacrifice to fore-signifie the death of christ : yet their maine , or their meere end was not to make any such type , or figure . sacrifices were from the beginning as well before aaron , as after , but the knowledg of our saviors death was obscure under aaron , but much more before the most knowing times under the law , did not expect such a suffering dying redeemer , as god had ordained , much lesse did those more cloudy times before the law . the rock in the wildernes , the manna , and divers other things were typicall , yet no sacrifices , and sacrifices may as well be , not typicall , and euen those sacrifices which are typicall , are not typicall , qua sacrifices , more then types are sacrifices , qua types . by the very light of nature , all nations did agree in all ages in presenting their god both with free will-offerings in testimony of his goodnesse , and with expiatory sacrifices in testimony of their owne sinfulnesse . howsoever , all such oblations , whether expiatory or gratulatory were equally sacrifices , though not equally typicall ; for all expiatory sacrifices were not bloody onely , nor all gratulatory unbloody . we read of cain and abel before the institution of aarons order , that the one presented to god his homage in part of his flocke , the other in part of his graine ; the one did sacrifice upon an altar as well as the other : and that sacrifice which was unbloody was typicall , and expiatory as well as that which was bloody , and that which was bloody might be graulatory as well as that which was unbloody , or at least nothing appeares to the contrary . we read also of noah that he had a distinct notice of cleane and uncleane creatures , and did sacrifice accordingly , so that the religion and priesthood before the law was not so farre different from that under the law , though pompe and ceremonies and some other accidentall parts were wanting , as from ours under the gospel : or at least in matters of sacrifice , it was little or not at all different . all sacrifices also under the mosaicall law were not bloody , for incense was offered to god as well as flesh ; and there was an altar for odours , as well as for blood : and all sacrifices whatsoever received their value and acceptation from the passion of christ , as that did purifie them , not as they did typifie that : for it seemes else that other divine services should not be so valuable , and acceptable as sacrifices , not those sacrifices which were lesse typicall , as those which were more : and that no sacrifices at all had beene admitted of by god from such men as did not understand their typicall nature , as few did either before , or under the law . besides it does not appeare that the passion of christ , was a proper , reall sacrifice in fact , and therefore it was necessary that it should be prefigured , yet no necessity is , that it should be prefigured by sacrifice a parte ante , or commemorated by sacrifice a parte post . the death of our saviour was rather a pious passion , then a divine action , or service done to god , and though our saviour did not resist , or shunne such a martyrdome wickedly inforced by other ; yet he was not so active in it , as to imbrue his owne hands in his owne blood . so that if our saviours passion was a sacrifice , it was but a figurative , improper , mentall sacrifice , in as much as the meritorious sanctity thereof did not consist in the act done , but in the innocence , patience , and excellence of the party suffering . we cannot more properly call the death of christ a sacrifice , then we may the crosse the altar , or god the priest , and we cannot properly say that god did sacrifice to himselfe upon an altar of that forme and matter . it is a very lame inference therefore , that sacrifice must now be to commemorate christs passion past , because it was prefigured by sacrifice being yet to come , and because it was it selfe a proper sacrifice in the act doctor heylin sayes once , that christ did not deprive us of all manner of sacrifices , but onely those which had beene before , which might , if continued , have beene a strong presumption of his not comming in the flesh . this seemes a weake reason , for if our saviours passion were a proper sacrifice , it was a bloody one , and if there be the same reason of representing it past , as there was future by sacrifice , then bloody sacrifices are no lesse proper now to represent it , then they were before : and if so , why were former sacrifices abolished at all surely the best reason why jewish sacrifices were abolished , is because those services were but shadowes of that body , which in our sacrament is really presented and exhibited . if we doe acknowledge that the body of our saviour is otherwise present in our sacrament then it was in the jewish types , we must acknowledge that the shadowes of that body are the lesse needfull : for gianting that jewish sacrifices and ours differ not in nature , but in circumstance ; as their signifie a thing future , ours past , i doe not see but that our sacrament is as meere a shadow , as their sacrifice was , and that beasts now slaine might as well commemorate our saviours death past , as they did prefigure it to come . the doctor sayes that the jewish sacrifices were bloody , ours not ; that the jewish priests were from aaron , ours from melchisedeck ; and these he puts as substantiall differences , tomake our sacrament no jewish sacrifice . but these differences are not sufficient for his purpose , because we know that all jewish sacrifices were not bloody , nor does the order of melchisedeck hinder from bloody sacrifices , for if melchisedeck did sacrifice , as it is most probable that he did , it is as probable that his sacrifices were not all unbloody . so then his other difference also is as fond , when he sayes that our altars are for evangelicall , not mosaicall offerings ; in as much as betwixt evangelicall and mosaicall offerings , he has not yet proved any other difference , but nominall , or circumstantiall onely : of the like reason and weight are the rest of the doctors inferences , for as he has proved yet no true proper sacrifice , so much lesse has hee proved any necessity of either priest , or altar in a downe-right sense . we may grant sacrifice , yet deny both priest , and altar , for we read that the passeover was called the lords sacrifice , yet we know it was not killed only by priests , nor eaten upon an altar , though it was the most honourable of jewish sacrifices , and most neerely relating to the passion of christ . so also the passion it selfe of christ , if it was a proper sacrifice , yet it was offered up upon a woodden crosse , not a stone altar , and the sacrificer thereof was not a priest ; wherefore we see plainely that all the doctors allegations hitherto are frivolous , and altogether insufficient . we come now from the old , to the new testament , and here doctor pocklington , and master meade lay hold of these words of our saviour . leave thy gift at the altar , and g●e and reconcile thy selfe to thy brother , &c. these words were spoken by our saviour , whilst the altar was in use , and before the communion was instituted , and may more properly be interpreted of such an altar , as men did repaire to with gifts , and offerings , then to our tables , where we come rather to receive then give ; yet our divines now cite them to patronise the word altar . it would little advance the reality of altars that they had beene so named once by our saviour : but here so much as the name used is not cleerely proved . doctor heylin for his next evidence , cites cor. . doe this in remembrance of me , &c. as often as yee eate this bread , and drinke this cup , yee shew forth the lords death till be come . here is ( sayes doctor heylin ) a sacrifice whose nature is commemorative , here is in this sacrifice an hoe facite for priests , different from the hoc edite , & bibite of lay-men : and so here is proofe both for sacrifice and priest : by this proofe it seemes , that the life of the sacrament consists in this that it is a sacrifice , and that the life of the sacrifice consists in this that the priest consecrates it , not that the people of god celebrate it ; but i take this as a strange glosse of the doctors , not agreeable to common understanding , or naturall to the text , or savouring of protestantisme , and so i leave it as not worth an answer . he cites further , . heb. habemus altare : and so he concludes that saint paul furnishes us both with priest , sacrifice , and altar ; if saint paul did here by altar meane the table , here is some authority for the name , not thing , but this is it selfe controverted : for first , it is plaine that the word altar is taken for the epulum , not the thing upon which it was offered , for of this altar , it is said that they may not eat which serve at the tabernacle . secondly , the papists do not alwayes here by altar interpret our communion table , and therefore sayes bellarmine , non urgeo hune loeum quia non desunt ex catholicis , qui interpretantur de cruce , vel de christo ipso , &c. but sayes the doctor , i am not the first of the church of england , that so interpret it , for bishop andrews has it thus : the altar in the old testament is called mensa domini , by malachy , and of the holy table the apostle in . heb. sayes , habemus altare . the lev. minister here rightly answers , that the apostle here cals the table , altar no otherwise then as malachy cals the altar table , and that must needs be improperly : for the jewish altar was not a proper table , more then the table whereon the shew-bread stood was an altar . it is certaine and plaine that the syriack word , luke . and the hebrew in saint matthew is table , and not altar . and saint paul , heb. . useth the word mensa , and the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} is frequent , and not denyed to be proper , but the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} is seldome used for the table , and not properly at all , if we doe grant it at all used for table , as is questioned . and therefore bellar. gives a reason why the apostles all their time used no other word then table , especially not altar ; to which opinion the bishop of durham agrees , though not to the reason of it . and we know also that the romish pictures present christ , and his disciples in their churches communicating alwayes at a table , not at an altar . we come now to the practise of the antients , and they ( as doctor heylin sayes ) without scruple , or opposition , used the words priest , sacrifice , and altar , not tying themselves only to those words ; but not shunning the use of them : but the truth is , the greek fathers used the word table more frequently , the latin lesse ; but both greek and latins used the word table more frequently then altar . but upon the reformation begunne by luther , &c. both words beganne to be examined , and then the protestants not allowing the sacrament to be a sacrifice , rejected altar as improper , but the papists , though they pretend not to disallow the word table , yet in their reformed canon of the masse , they used not at all the word table : and yet still in the roman pontificall we finde the word table used . howsoever the dispute being not about the meere use , but sense of the word altar , we come now to other arguments . all metaphors ( sayes doctor heylin ) allude to something which has reall existence in nature , and therefore the fathers in the word altar , did allude to something existent . i answer , metaphors must have some basis to support them , but that basis may be any thing past , or incorporeall : christ may bee called the brazen serpent , the sting of conscience may be called ixions wheele , &c. yet there is no such thing now as the one , nor ever was as the other ; but ( sayes doctor pocklington ) those altars which bore carpets , corporals , &c. could not be meer notionall , metaphoricall altars , but such were those of the antients , &c. ergo . i answer , the same thing might be a notionall altar , yet a materiall table , and , as it was a materiall table , it might support carpets , &c. that cursed tree whereon our saviour suffered , was a metaphoricall altar ; yet it did not truly beare our saviour , as an altar , but as a crosse : but ( sayes the same doctor againe ) these altars were such as were frequented for oblations sakes , to which none came without sacrifices of wealth , as well as of prayse . i answer , for presents and almes tables are as proper as altars ; and such being but metaphoricall sacrifices prove the table to be the rather a metaphoricall altar : but ( sayes doctor heylin ) some sacrifices are meerely spirituall , and to such no materiall altar is requisite , for such the heart is a sufficient altar , and every man is a sufficient priest : but the sacrament is a sacrifice , not onely spirituall and mysticall , but also externall and visible , and to such a sacrifice , a visible priest and materiall altar is requisite . this is answered already in the paschall lam● , for that was a sacrifice visible and externall , yet it required no materiall altar ; and so it may be said of our saviours crucified body : besides , we may make a difference with saint august . betweene the sacrament it selfe , and that which is visible in the sacrament , and so deny any visible altar to be necessary ; and for further instance , man is said to offer up his soule and body to god as a reasonable sacrifice , and the body being materiall , does not require any materiall , grosse altar : but , sayes d. heylin , if the sacrament be but an improper metaphoricall sacrifice , then no more a materiall table , then a materiall altar is requisite . i answer , though in that exception of a sacrifice it be metaphoricall ; yet as a communion , it is a reall action , and requires a reall table whence to communicate . so the passion of our savior , it was a tropical sacrifice , but a proper execution , and therfore though our saviour was sacrificed without a proper altar , yet he was not executed but upon a proper crosse : but ( sayes the same doctor ) if the sacrament be an improper , immateriall sacrifice ; it may not onely be celebrated without a table , but without a church also : any place may serve for such a sacrifice : the pulpit , the pewe , the belfrie , the chancell may bee as proper altars as the holy table , and what a prophane doctrine is this ? we doe say that any place may be as properly called an altar , but not that any place may be as fitly and honourably imployed to communicate in . our saviour did communicate in a common roome upon a common table for necessities sake ; and so we in case of necessity dare not despise such communicating , but we use not this example to prove a parity of all places : the doctor knowes this is but a slanderous consequent , issuing out of his malice , not out of our tenet ; for if the honour of the sacrament doe not wholly consist in being a sacrifice , or the honour of sacrifice in the externall worke done , there is no more necessity of altar , then table ; or that either altar or table should be held so essentially honourable to the sacrament , and this may be held by him , which holds not all places equall and indifferent for divine services . wherefore , as for saint cyprians rule : eucharistia in altari consecratur , which doctor pocklington affirmes to be undenyable : we say it must stand with our saviours example , who did administer the eucharist upon a reall table , but upon an imaginary altar , and so we are not opposed to it : but ( sayes doctor heylin further ) materiall altars are very antient in the church , which if they were not erected for our sacrifices , certainely they were for popish , and this will prove popery to be very antient , i answer , the doctor has not proved formall stone altars so antient , but if he had , he has not proved antiquity free from all error , and superstition , but we can easily prove the contrary : but doctor heylin proceeds thus ; he which teaches that in the primitive church there was neither priest , sacrifice , nor altar , properly so called , brings in confusion and ruine into the church , takes away all externall worship , inables every man to the priestly function , and robs the church of all due reverence . this is a strange inference that i cannot sufficiently honour the sacrament , but under the name of sacrifice , nor ministers , but under the name of priests ; nor the communion-table , but under the name of altar . d. heylins supposition herein of me , must bee more weighty then my own certain knowledge of my self . doctor pocklington also concurres herein , for hee which denyes altars ( sayes hee ) may as well deny churches , and he which denyes churches , may as well deny the throne of bishops in the quire neere the altar-place , and he which denyes thrones , denyes the truth of christian religion : by a strange dismembred , deformed kinde of argumentation ; he makes altars as necessary to be beleeved , as thrones of bishops ; and thrones , as the succession of bishops ; and the succession of bishops , as the rocke and foundation of all religion . cartwright , ames , and those of geneva , and all other countreys which cannot derive their lineall succession of bishops from the apostles are puritanes , and heretiques : though they scarce differ from us in any other point of consequence , yet in this they are in worse condition then the papists . the anchor of our salvation is , that my lord of canterbury is lineally descended from saint peter , for no inthronization of bishops , no personall succession ; and no personall succession , no derivation of faith can be from god to , &c. were not this written against puritans , or by such as have an authority to prove quidlibet ex quolibet , it would deserve laughter , and not an answer : but now we must be more serious . the allegation is , that there is the same evidence for altars , as thrones , and therefore since it is most impious to deny thrones , it is the like to deny altars . i wish thrones had beene better proved , for if thrones doe prove altars , yet men of such ordinary faiths as mine may something scruple thrones themselves . saint aug. sayes that thrones were remaining at rome and jerusalem till his dayes from the very apostles times . saint augustin might see thrones standing in both places , but when they were first raised , or by whom , or for whom , or for what reason ; he could not understand but by relation , and what that relation might be , he has not exprest : neither doe i thinke that his maine hope of salvation was chained to that relation , neither can i chaine mine to the same ; for my part , i am so farre from making thrones or altars my soules anchorage , that i beleeve neither to be apostolicall , and till the doctor can better convince me of them , i could wish hee would call in his anathemaes ; or rather epigrams against such atheists as i am : but ( sayes doctor pocklington further ) no altar , no priest ; no priest , no rubrick , &c. but we say in answer , first , that the relation betweene priest and altar is not inseparable , as has beene proved . secondly that the word priest derived from {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} implyes not reall sacrifice . thirdly , if we did reject the word priest utterly as lesse proper then minister , and lesse fit to be used ( as sir francis bacon maintaines ) and as we doe not affect to use it , yet we reject not the thing with the name , the same ministry , the same sacred order we retaine , and honour , and hold it as revenerd as either jew , or papist doe their sacrificing priest-hood . but what consequence is this ? no priest , no ordination ; no ordination , no rubrick ; no rubrick , no law . he which opposes the word priest onely , does not oppose the thing ; and he which opposes not the thing , opposes not the rubrick ; and he which opposes not the rubrick , opposes not the parl. establishing it : it is sufficient that we oppose neither the thing priest , nor the word , except onely in its popish sense as it intimates reall sacrifice to us . i come now to such proofes as cleere antiquity from meaning of reall proper altars . and first wee read the word altar sometines in the workes of antient authors , but that is no proofe that altar was the common terme or word so used in common speech , of that there is no proofe , or colour at all ; it is ordinary to use metaphors in studied discourses , and as unusuall to use them in our ordinary language . that the word table was first in common use at the beginning is very credible , that it is now wholly disused amongst papists is evident , therefore when we see the change , but cannot perceive the certaine time or motion of that change , as it happens in the shadow upon the sun-diall , we may well suppose that the mystery of inquity has had its secret operation upon it , as upon divers other things . we finde secondly , in the most antient times , that it was a common objection made against christians by jewes , pagans , and renegado christians , that they had neither churches , altars , nor images . and to this common objection we finde that the greatest apologetick , and most learned divines of those dayes did all unanimously yeeld that they had no materiall proper altars , nor no other but metaphoricall onely . clesus objected to origen that the christians did avoid to raise {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . caecilius askes octavius , cur nullas aras habent , templa nulla , nulla nota simulacra ? arnobius sayes to his adversaries , nos accusatis quod nec templa habeamus , nec imagines , nec aras . and julian who had beene a christian , and knew their worship well enough , and lived after the erection of churches , yet sayes to cyrill , offerre in altars , & sacrificare cavetis : 't was strange if any christian altars then were , that neither heathens , nor apostate christians should know thereof : and yet the more s●●ange that this being objected against christians , and not being true , that christians would not justifie themselves against so manifest an untruth . origen answers that the christians altar was his understanding , and that prayers were his {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . octavius answers that the church sacrifice was bonus animus , sincera mens , & pura conscientia . arnobius confesses sacrifices , but not corporeall , agreeing with the former that they were mentall only . and cyrill gives not a deny all to julian . is it not to be wondred at , that so many men , of severall places and times , should all so farre prevaricate , and make such fond answers , if they could have advantaged their owne cause , or satisfied their adversaries , by affirming proper altars , and such reall sacrifices , as our doctors now affirme ? how easie had it beene , and how true , & how necessary was it to have made this direct answer ? persecution suffers not christians to build such sumptuous churches and altars as you doe : but we have altars as proper , and would build temples as stately as you doe , if we had power and liberty ; we deny not al sacrifices , as you erroneously object , we deny not true , visible , externall sacrifices , we deny only jewish , bloody , and meerly corporeall sacrifices : so that the force of that objectiō is against our hard condition , not against our worship or religion . but mr. mede sayes that these apologeticall divines denyed altars , under the heathen name {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , not denying the church word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} : whereby he accounts them meere cheaters , and triflers , not regarding whom they treated withall , or the current sense of the words according to common acception , but desiring to obscure truth , and deinde their opponents , this is to bee slighted as a toy . pocklington takes pains to prove churches out of the scripture , & antiquity , & sayes that those churches had altars , to which none came without oblations , and that with those oblations , captives , widowes , orphans , &c. were relieved . he also insists upon the great names of thrones and syndos : but his proofes are most of them indefinite , both to time , place , and thing . we say , that before constantine few churches were , especially so formally , built with thrones , and other divisions , as he seemes to intimate , and in respect of the vast surface of the earth scarce visible , or considerable , especially to severall men , living in severall places , and at severall times , such as the apologeticks were . and yet the word church is taken sometimes for any place where god was publikely worshipt , and sometimes for the congregation it selfe of the faithfull named by such a towne , city , or country ; and in this sense , and no other the church of rome , is said to maintaine in it , . bishop , . priests , . deacons , . sub-deacons , . acolythites , exorcists , readers , porters , . widowes , . poore . it is not meant that any locall materiall church in rome during the times of persecution , was so rich , capacious , or stately : for this would evince more then a meere toleration of christianity , and yet we read not of so much . hospinian for the ●●ace betwixt christ and constantine more reasonably collects , that those altars which were then , were neither fixed nor of stone , which sufficiently cleeres that they were woodden unfixed tables , not stone , and fixed altars : for if christians during heathenisme , had liberty to build and meete in such formall churches , and had such synods , thrones , libraries , schooles , gazophylacies , as the doctor labours to prove , they could not want power , or opportunity to adorne or inrich altars , or to fix them and fashion them as they pleased . and thus the ages before constantine might be defective in discipline by reason of persecution , and we may suspect the ages after for their superstition . constantine was too pompous in discipline , and soone inclined to arianisme , and long deferred his owne baptisme ; in his times the foundations of popish usurpation beganne to be laid . then it was said , hodie venenum infusum est ecclesiae : then it was said , that there were as many religions as opinions , and opinions as men . i ascribe not to antiquity such infallibility as some do , and yet many things might fit those times which fit not ours , and many things may be misreported , misunderstood , and mistaken by us in these times ; wch perhaps were not in such repute of old , as we now beleeve . our third reason against materiall and proper altars , is grounded upon the fathers . eusebius often cals that of christians , an unbloody , and reasonable sacrifice : the word unbloody is used in opposition to corporeall and sensitive things , the word reasonable , to reall or vegetative things ; for if we conceive that reasonable , and unbloody distinguish from jewish sacrifices , we must understand notionall , or mentall sacrifices , because the jewish were not all bloody . the same eusebius also sayes that we are appointed to offer daily to god the commemoration of christs sacrifice {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . a kings deputy is entertained as a king , and its an honour to him ; but kings are not entertained as deputies , that 's derogatory : so , if this were a sacrifice , it were an undervaluing , lessening word , to say it were a meere commemoration , or instead of a sacrifice . in another place also he cals it {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , that which is the representation of a proper sacrifice , is not it selfe a proper sacrifice , these things differ in predicament . and to put all out of doubt , chrysostome by way of correction , for more proprieties sake , having call'd it a sacrifice , addes this word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , to shew that it is in propriety but {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . it may be called a sacrifice figuratively , but in truth it is rather the remembrance of a sacrifice . our fourth reason is taken from the acts of our ancestors in the reformation , who did expresse great dislike of altars , and did remove , and abollsh the same as popish innovations . we will therefore against doctor heylin , make these two things cleere . first , that the reformers were very adverse to altars . secondly , that they were so upon just grounds . constantines times , though not so pure as the former ; yet were farre more pure then those which succeeded ; for antichrists entrance is obscure : he seemes likes melchisedeck without pedegree , as to some of his mysteries of tyranny : he beganne to worke presently after the the infancie of the church , but as to his solemne inthronization at rome , he is much younger then constantine . tantae mo'is erat romanam condere gentem . it appeares by saint ambrose his insulting over theodosius that the hierarchy was advanced in good times , and that by the blinde zeale of some men otherwise very good . altars had gotten great adoration before st. ambrose , but that adoration was not wholly abused till the installment of antichrist ; and then the sacrament was soone turned into a present propitiatory sacrifice , and the forme of a table being utterly rejected , a stone altar was received into its place , and an immolating priest ordained . priest , altar , sacrifice , are now growne the common termes , and onely proper words , and though the instant creeping in of this factious change be not knowne , yet the change is now apparent , it is now is plaine , that these words are growne common , as it is that they were not so from the beginning . and for this cause our english martyrs , were necessitated to use these words conversing with papists at that time when no other words were current : and this is no proofe for the propriety thereof . frith , lambert , &c. mention their examination touching the sacrament of the altar : and so must i now repeate the same name , and so must any man in the same case , but what ? this mention or repetition proves not our approbation thereof . so that the parliament , . ed. . use the name both in the act , and in the writ granted thereby : but what ? neither was the tide of language yet turned , nor the reformation in any degree perfected : and so in the first liturgy , the word altar for the same reason is usually mentioned : but in the second liturgy we see the better judgement , and more setled practise of the state , by the utter rejection of the very names of sacrifice and altar . but the doctor replyes that the second liturgy was introduced upon no other just consideration , but onely to please the fond , pragmaticall , puritanicall humor of john calvin . king edw. . comming to the crowne . found the enterprise of altering religion very difficult and dangerous , and not suddenly to be expedited . young he was , and destitute of a competent number of trusty , potent , and learned ministers , and his father had altered nothing but in discipline onely , and his taske now was to extirpate a sensuall religion of great antiquity , and yet within sixe months he sets out his injunctions , wherein he prescribes divers things tending to a reformation . some few months after in parliament , the sacrament is commanded to be administrrd sub utraque specie , and a writ therefore awarded ; in both which act and writ , the vulgar common name is not yet disused . in . images are ejected , and a new celebration of the sacrament ordered : the first liturgy is now composed , and bucer sent for , and as yet the word altar is not quite relinquisht . in . the king having thus farre adventured to countenance protestantisme , he now adventures to strike at the heart of popery , by pulling downe the masse ; but this hee does by proclamation , not daring to put it to votes in parliament . upon this a great rebellion is raised in the west , the french king also bidding defiance at the same instant ; and now bucer first arrives . in . great troubles hapned about the protector , but the west being calmed , and the french threatnings diverted , bishop ridly is commanded to take downe altars in his diocese , and in pauls church it selfe the altar-wall was removed : by the kings letters also to ridly , it appeares that altars had beene displaced in many other parts before , and the act is allowed by the king to be good and godly , though our doctors now terme it an horrible outrage : and by this it seemes that bucer and calvin were not the first instigators thereof . in . we read of bucers death , and the arraignment , commitment , and execution of the protector ; and now hooper in his sermon before the king , preaches against the remainder of altars , yet standing as occasions of superstition . in . a parliament establishes the second liturgy in stead of the first , and finally , and generally demolishes altars , not using so much as the name of sacrifice , or altar . and by such limits and degrees did the kings power increase , and the reformation ripen ; but amongst these publike affaires we may take notice also that some other considerable passages did intervene . bucer about autumne , . received advertisements from calvin not to be mediis consilii● authorem vel approbatorem , and to be instant with the protector for the taking away of superstitious ceremonies . the like counsell also calvin had sent to the protector to goe on in abrogating all superstitions without regard of correspondence abroad , or peace at home , such cautions being onely requisite in civill , not divine affaires ; for in these the word of god is the strict rule , and nothing is more distastfull to god , then to alter ; or mitigate divine precepts according to worldly wisdome . his advise also was further that the protector would hasten the compounding of ceremony differences , and to support hooper , a man zealous against altars , and ceremonies ; and one that had interest in the duke of northumberland . in his letters also to farellus . it appeares that calvin had written to the king , and that his letters had beene gratiously accepted both by the king and his councell , and that the arch-bishop had wished him to write more frequently , and that the arch-bishop also had received letters from him ; and that the state had received the like advertisements from bullinger also . these pious indeavours of calvin seconded by bullinger , &c. so honourably entertained by the king , and his prelates and counsellours of state ; nay , and by the whole parliament , doctor heylin traduces as the busie offices of his tampering , practising , and unhappy medling : and thus through calvins sides our heavenly inspired ancestors are wounded , and through their sides our religion . 't is true , the first liturgy had a morall , though not a mathematicall perfection in it ; and so it was attestated by fox , &c. but this concludes not that therfore it was altered only to please calvin ; for though in the first liturgy , nothing was introduced but what was good and godly , as might be well justified ; yet that was more good and godly which was afterward introduced in the second : the one might bee as nehemiahs temple , the other as solomons , both beautifull , yet one more beautifull : he that rightly considers the acts of edw. . and his short raigne , will wonder to see so much , not so little done in such a space of time : especially since his peeres was so factious , his people so ignorant , and his clergy so popish . had not divines also beene so averse at home to reformation , the consultation of forrain doctors was necessary , especially of such as had beene actors and spectators abroad in the like alterations : but such doctors were now pretious in the world , the harvest was farre too great for the labourers , and the age also too queasie to endure their rigor . it is no wonder therefore if bucer came not till two yeares after the beginning of the reformation , and if calvin , beza , and bullinger , came not at all . tantae molis erat romanam extinguere gentem . doctor heylin supposes calvin pragmaticall , because he was not sent for into england , though he proffered himselfe unsent for , and was so forward to ingage himselfe by his avisoes : but this is ill supposed , for calvin was knowne to be a rigorous man against ceremonies , and the pompe of prelates , and this made him terrible here in england . hooper is a sure instance of this , for being a learned pious bishop , his meere consent with calvin cast him out of his bishopricke , and scarce could he ever obtaine his reinvestment , though the king countenanced him , though northumberland supported him , though the greatest of forraine divines intreated for him . so tender a point , even in those dayes was it to touch upon ceremonies , the darling of episcopacie , and so jealous were the holiest of our prelates in a case of such concernment to hierarchy . certainly hooper and calvin had the same opposites , and friends ; and therefore though the king and councell did not send for calvin , bullinger , &c. because the popish and episcopall faction hated them ; yet they kindldy embraced their counsels , and ( as farre as might be ) put them into execution . the meere popish faction could not have deterred , or retarded the king and his councell , we see greater matters carried against that side , some other more potent enemies both hooper and calvin had even in those zealous times ; but in other ceremonies whatsoever difference might be , i doe not see but that in the amoving and condemning of altars , all sides did fully agree , and that ridly and cranmer were as forward as either hooper or calvin . it is manifest also that queene eliz. in her restitution of religion was as ill affected to them , as her brother had beene in his first reformation , abolishing both the name , forme , and use of them , and adhering wholly to the second liturgy , and imitating in all things her brothers paterne . and it is as manifest , that in all the raigne of king james under any visitor whatsoever , there was no question ever moved concerning the name , nature , paterne , or adoration of any altar , till these later yeares made them a ground of schisme . we may more probably guesse that edw. the sixth , and the best of his clegry would have followed calvin further if they had had power , and further time to perfect their designes , then that they followed him too farre , being deceived by his p●ritanicall faction . but doctor heylin blames calvin for being an enemy to middle counsels in performing gods strict commands : not to regard humane policie in such divine affaires , the doctor cals going on without fear or wit . we know how far saul departed from gods command for politick respects when he would offer sacrifice before samuel came , and when he would reserve some of the amalekitish spoyle for sacrifice ; yet this was not meere temporall wisedome : sacrifice was his end , and the service of god in both , yet we know strict obedience had beene better accepted then such uncommanded sacrifice : besides , though saul was strictly commanded to destroy the amalekites , yet he was not commanded to destroy the amalekites without all preparation , consultation , or opportunity : gods command did binde him from all mitigation in the execution of it , but not from all policie in effecting it . so king edw. the sixth , received a command from god to expell popery ; in this case for want of power , the king might awaite time and opportunity wherby to compasse his end , as he did ; but being master of opportunity , he might not by any dispensation depart from that end , or faile of executing his commission to the utmost . when calvin dissuaded from middle counsels , he took notice withall of the ceasing both of forreine and civill warres , ( as appeares by his letters ) so that we may well suppose his counsell was chiefely touching the end , not the meanes : for the end is strictly defined by god in divine affaires , but the meanes are commonly left to humane advise . let the doctor carp at calvin , and at our ancestors , for crediting so medling a fellow , let him disdaine that elijah , or baptist-like spirit wherewith god had so plenteously anoynted him : but this is no warrant for us to doe the like . we may better imagine that calvin was one of the blessedst instruments whom god fitted , and qualified for the most blessed imployment which was ever effected the redemption . wee may 〈…〉 in calvin and luther , 〈◊〉 two testaments of god rose againe after they ha● beene slaine in babell , and after that their 〈◊〉 had laine unburied in the streets for so long a time , and that by their sacred testimony the sunne it selfe was relieved from a totall obseruation , and a greater , and more grosse darknesse was chased away from the face of religion , then that which the aegypti●ns groped with their hands . but ( sayes doctor heylin ) in germany altars are still retained ; and there the reformation was complete : and so complete reformation , and altars may well subsist together . i answer , altars doe remaine in germany : but it seemes in the first place luther was no favourer of them , for he reproves it in carolostadiue , that he did by force shew downe altars , when by dispute hee ought to have expelled them . secondly , it appeares by the same story that altar were in many places very offensive . thirdly , the lutherans use and repute their altars as meere tables : and we admit that the formall relation of an altar , is not the externall forme as its wood or stone , round , or square , &c. but its imployment for sacrifice we allow occ●●●●padius to say , that for peace sake we abhorre not from the title of sacrifice , so no deceit be carried under it . but we say , if not for peace , and such as is 〈◊〉 from deceit , wee doe abhorre the word sacrifice , much more the thing . we allow with zanchy also , quod neque christus , neque apostoli prohibuern● altaria , aut mondarunt , quod liguris mensis utantur : we allow both external forms in themselves indifferent made absit superstitio : nay calvin himselfe ( that man of rigor ) did leave a stone altar standing at la●sauna . but if altars be not necessary causes , yet as they are possible occasions of superstition , with our ancestors we reject them . the fathers did use the words altar , sacrifice , &c. harmlesly as to themselves , but not as to others , who have mistaken their meaning therein ; but this very mistake is avoyded by our ancestors . the germans herein imitatethe fathers , being not so scrupulous in a meere occasion of abuse ; i doe not say that they doe ill , but i say they doe not so well as we , who avoid all misinterpretation both in our selves and others ; besides that which is not necessary to them by law , is so to us , for we are bound to beleeve , that such a king and such a councell as ours were in the reformation , being instituted also by such forraine doctors , would not have abolisht altars contrary to the disposition of those diffrents times , but upon very good and godly considerations . and certainely if the forme and name of altar we●● so considerable held to our sanctified illuminated law-makers , then the reality thereof was of deeper consequence , and much more to be provided against . and therefore it is sufficient to alledge , that in our liturgy in force there is no mention of altars , or sacrifices , and that sacrifice which is mentioned in the sacrament , is onely of spirituall praise , and that wherein other hoste , but our soules and bodies are offered unto god . and so in our bookes of homilies pub●●●●ly authorized , we are warried not to make a sacrifice , but a memory of the holy communion : and in the booke of articles it in maintained 〈◊〉 he popish lande is a blasphe●●●● figment , and per●●●ious imposture , and we are not supplyed with any other in 〈◊〉 thereof ; and yet if our communion be at all a sacrifice so properly called , how can it differ from the popish lande ? so lastly in the 〈…〉 and inlarged by king james , . the two sacraments are there named , and called , one of baptisme , the other of the lords supper ; there is no mention made of altar , as if the communion might fitly still be called the sacrifice , or sacrament of the altar , as the name in popish times . chap. ii. concerning the propriety of the name . thus we see there is no altar but tropicall , and the name cannot be proper , where the thing is improper : and yet we further say , that as the name altar is lesse proper ; so it is also lesse antient then table , and in both these respects lesse convenient to be used . for antiquity , d. pocklington affirmes , that noah built an altar , and noah being a christian , his altar was a christian altar ; and hence it results , that the altar amongst christians , is farre antienter then table . to this we reply , that if noah was not a jew , because not descended of judah , nor of the mosaicall religion , because he was many hundreds of yeares antienter then moses , by the same reason he was not a christian , being ancestor to christ himselfe . and as for his religion it does not appeare that hee had therein any nearer relation to christ , then moses , especially in sacrifices , for as moses had his bloody sacrifices , so had noah : and as moses in his bloody sacrifices did observe a distinction of cleane , and uncleane creatures ; so did noah . wherefore it noah be no jew , it followes not he was a christian ; and if a christian , it follows not his altar was a christian altar ; and if a christian altar , it followes not that it is that christian altar , which we call the communion table . and surely saint ambrose is ill applyed , as to this purpose , to prove that the christian is antienter then the jew : as if that because altars came in with noah ; therefore tables came not in till under the ceremoniall law , or as if it concerned us to strive about the generall indefinite words of altar , or table , in this dispute of the communion table . our dispute is about that table , or other utensill whereupon our saviour did eate both the old passover , and his new one ; and this saint matthew , and saint luke call a table , using the same word as is used for that utensill whereon dives his meate was served in ; and the papists deny not the proprlety of this word , nor the use of the thing , onely doctor pocklington affirmes our saviour to have supped upon the pavement , not that he can thereby averre his altar , but that he may impugne our table . if the sacrament be a true sacrifice , it followes not that sacrifice ever implyes any altar : but we have disproved it to be a sacrifice , we prove it to be {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , rather a commemoration of a sacrifice , nay even that sacrifice which it does commemorate , was not simply , it was but secundum quid a sacrifice . wee say our saviours passion as to its vertue was the most odoriferous sacrifice that ever was , but as to its manner of oblation it might be as figurative a sacrifice , as the crosse was an altar , or as the crucifiers were priests ; and if christ did by way of proper sacrifice offer himselfe for us on the crosse , yet it s no necessary result , that he so offers himselfe to us in the sacrament : for the sacrament , if it be any , it is but a commemorative sacrifice at the most : but sayes pocklington , he that admits commemorative sacrifice , admite sacrifice . ergo . i answer , when we allow a two-fold sacrifice , one of propitiation , another of commemration ; one reall , the other representative of the reall onely , we intend the 〈◊〉 to be proper , the other improper ; the one truly so-called , the other as it represents the true . so we difference a painted from a livingman , and a 〈◊〉 from a true king ; for ne●●lict is the picture a 〈◊〉 , nor the actor a king , but improperly , but sayes m. mede , admitting no true sacrifice , yet the table is a true altar ; for table and altar both have the same genus : altar and table differ as church and house , altar is a holy table , as church is a holy house : so the difference is specified onely . i answer . first , all sacrifice is not offered : as 〈◊〉 , some things are offered neither edible , nor potable , a incense , and by this it seems that the relative for●●lity of an altar is not meerely to support sacred repasts , as it should , if it were onely a sacred table . secondly , this crosses the typicall intention of sacrifice , for in this sense christ was no proper sacrifice , nor his crosse as altar . thirdly , in the jewish temple there was both a sacred altar . & a sacred table , and as they had severall names , so they were different in forme , and sitted 〈◊〉 severall uses , although both their uses were sacred . fourthly , if we admit table to be called altar , in respect of the sacred food there pres●●ed , not thereon sacrificed , this opposes not our opinion , but it regard that holy table expresses as much as altar in master mede● sense ; but the word altar does not alwayes e●presse so much as holy table in our sense , as the vulgar now use it , for this reason it is not so fitly used in common speech . fifthly , altar is more 〈◊〉 and uncertaine then the holy table ; for as sacrifice is appliable to all diuine services of heathens , jewes , and papists ; so altar is as generall : but our service here being more eminent and excellent , deserves a name as peculiar . a king is a man and more , hee is truly a man , yet his distinct name of king is more fit to be be used : for the title of king , includes the name of man ; but the name of man does not include the title of king . the doctors being so egar for the names of sacrifice and altar , ought to have proved those name● the most honourable ; but of this they have made no proofe at all : for even amongst the jewes , obedience , humiliation , and internall prostration of the soule was of more acceptation in the sight of god , then the flesh of buls , or the fat of a thousand rams . the passeover also , which was both sacrament and sacrifice ; yet was farre more reverent as a sacrament , then as a sacrifice : and they which did keepe that with the inward preparation of an humbled spirit without legall purity , were more accepted ( as appeares by hezekiahs passeover ) then meere legall preparation could make any . besides , the table to our sacrament is not as the altar was to the jewish sacrifice , for the jewish altar did sanctifie the sacrifice , but our table borrowes its sanctity from the sacrament . we therefore honour the table as a sacred utensill , but wee attract no honour from it , we hold it a diminution to name the sacrament by the altar , when we may more honourably name it by the body and blood of our saviour . for our princes sake we bowe to his chair , but we denominate not the prince by his chaire , or bowe to the prince for the chaires sake ; neither doe we disgrace the word table , or altar , when we denominate not the sacrament by them , but contrary to the papists , we rather name the sacrament by the body of christ , then by them , as we stile kings rather by nations then castles , or villages , though they be equally lords of both . the jewes had sacraments more honourable in nature then meere sacrifices , and our sacraments are farre more pretious then the jewish , and therefore the wrods sacrifice and altar must needs be lessening words to our sacrament . and were they not lessening words , yet for other reasons , wee see our ancestors have disused them ; and chosen rather to nominate the sacrament by the body of christ , then to descend to a community of name therein with jewes , pagans , and papists . and we may conceive , that if our ancestors had no respect to future abuse in abolishing the words sacrifice , and altar ; yet they might have to former : for altars as they are jewish are to be deserted , as paganish detested , as popish abhorred . the brazen serpent might have remained as free from abuse after hezekiahs dayes , as it had done before ; and yet though the sinne night have beene reformed , & the thing reserved , that good king out of indignation , as wel as prevention , takes it away , and defaces it . we may read further of this , exod. . . for the same reason the greek fathers would not use the word {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , but {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , nor the latins aru , but altare : because they would avoid community with heathens , though there was no sinne in the bare words . and this kinde of detestation is commended as pious by sir francis , bacon , even against words in themselves offencelesse , where better choyce may be had , and where great abuse has beene offered . to conclude then , if words may bee prophaned , and made unchristian , meerely by comming into the mouths of pagans , &c. surely much more impurity and offence is likely to stick upon the things themselves : but in things abused by papists , wherein we ought to to elongue our selves from them , i thinke we ought not to look upon them as the primitive christians did the jewes , but as the jewes did heathens . for the jewish religion had beene true , and was rather altered then abolisht , and that in accidents , rather then in substance ; and so we must not hold of the popish schisme . and it may be conceived , that our ancestors in the reformation did shun correspondence and conformity with papists in some things and words otherwise indifferent , not onely for conscience sake , but also out of policie ; for my opinion is that our approaching towards popery in some of their rites , and traditions , does the more obdurate papists , and make our cause seeme a weake and warping cause . but this is a sic videtur onely ; iobtrude it upon no man , it may be the good worke which the piety of these warping times seemes so willing to incline to , is more visible to doctor heylin , then it is to me . chap. iii. concerning the altar posture . as for the posture of the altar or table , it is not of it selfe of much consequence , but our innovators are now very strict in urging it upon us , and that onely for innovations sake . doctor pocklington in favour of this posture , takes great paines to prove that christianity for the first two hundred yeeres , was not so oppressed and persecuted , but that churches and altars might have beene ; but 〈◊〉 those heathen emperours did not extirpate religion , this is no proofe that they did protect it : and if they were some way indulgent to the persons of christians , this is no proofe that they were not adverse to the religion of christians ; we will rather admit with platina , that the christians had no churches for . yeares , but onely sac●●● abdita & plerunque subterranea ; and though under pius the first , some meane churches were , yet under dioclesian they were demolisht againe ; and therfore it is most portable , as he sayes , that during those times of uncertainty and calamity , altars were unfixt and probable , or ( according to strabo ) placed ad diversas plagas propter aliquam locorum opportunitatem , and g● . biel mentions a woodden altar , at which the popes did officiate ; and it was removed from place to place , vbic●nque roman●s episcopus latuerit . these descriptions agree rather with a table then an altar , and rather with our 〈◊〉 thereof then theirs : but it is a wonder , since the doctors would faine prove such toleration of religion , that churches and altars might have beene before constantine , that they make no proofe at all that any were ; but even since constantines time , altar posture is but poorely maintained . doctor heylin for his first proofe alleadges , that the primitive christians prayed towards the east , and that the reason thereof was , because the table was plac●● at the east end of the church . and sayes he , if the table was placed east-ward , then doubtlesse in the most eminent part of the east , that no man might have place beyond it : for any man standing beyond the table , must either not pray towards the east , or not towards the table . be it granted that the antient christians had a custome to pray {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , and that because our sauiour hung upon the crosse with his face west-ward , as both may be questioned ; yet this we receive onely from writers which lived west from judea , where our saviour was crucified , and this justifies it not in the westerne parts of christendome , and if it does , yet what followes ? does the reason of this maintaine the altar posture . so is it therefore a sinne to take the wall of the altar when we pray ? or if thi● be a sinne , can it be no wayes avoided , but by the altar posture ? amongst the jewes , the west was most honourable , and yet the arke was not so fixed to the west wall of the oracle , that the cherubins might not stand betweene ; and therefore honour is not alwayes rigorously , and superstitiously to be applyed besides , if our saviours posture on the crosse be the rule of our posture in our dev●●ions , this rule extrud● not to all christians , but onely to such as lie west from judea ; for those which lie east , by the same rule , if they will not turne their backs to our saviour ought to turne their faces to the west : but why should any certaine postures bee held so necessary , when all nations cannot agree in the same for the same reason ? whatsoever was formerly by some imagin'd , we know that the east is named so from the rising of the sunne , and wee know the sunne has neither rising not setting , but comparative , and so america is as properly east , as china , for if america lie west to us , yet it lies east to china ; which lies east to us . the doctor tels as not certainely whether the antients prayed east-ward , because their churches were so built , or whether they built so , because they praye● so , but both wayes he makes use of it for his owne posture ; although we may both wayes as probably thus reto●●● to the contrary . if the christians prayed eastward onely , because their churches were so built , then they held that posture of praying in it selfe indifferent , and if they built so because they prayed so , then they held the posture for building so to be indifferent : and sure the proofe is very weake , that the primitives did put any vertue in all places of the world either in building or in praying eastward , since it is most apparent , that private dwellings , and pagan temples , and jewish synagogues were at first converted into churches , and some new erections were not contrived in this eastern posture . for his second proofe , the doctor sayes , that antiently ( according to bishop juell , the quire or chancell was drawne with curtaines , and this would be very unsightly ( he sayes ) if the table should stand in the middle , 〈◊〉 farre from the wall ▪ the doctor here makes no difference betweene a cathedrall , and parochiall church , for in par●chials a curtaine may hang at the chancell dore without incumb●ance , and in cathedrals it may be drawne in the middest of the quire without any inconvenience , though the table stand not neere the wall . in our cathedrals , the quires are now so spatious , that a third part of them may bee assigned to the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , or altar place , and yet all the congregation may stand in the other division , nay , if in saint pauls london , the altar wall were againe removed , as it was in ridleys time , the altar would be seene standing in the very middle of the quire . for his third proofe , the doctor cites the altar in the church of antioch , which not standing to the east , is storied to have differed in posture from all other churches . if it be granted that all churches in the west parts from antioch ; nay , all of the whole world had altars standing towards the east ; this proves not that they touched the east wall , and stood side wayes . the doctors fourth proofe is from the divisions in churches , for first occurred ( hee sayes ) the seates of the presbyters , and then above them the episcopall throne , and above all the {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . this is spoken onely of cathedrals , and in cathedrals we see the same division still ; yet see withall , that betwixt the bishops throne and the altar wall , there is a great distance , so that the altar is not necessarily driven close to the wall . the doctors last and maine proofe is from the custome of papists , who since they retaine the old fashion of their buildings , are not likely to innovate in the fashion of their altars . this proofe is no stranger for altar posture , then for the multitude of pillar-altars , chappell-altars , and requiem-altars , and for a thousand other superstitions ; and yet we answer more over that it was not so easie for the papists to alter in the fashion of churches , as altars , and therefore this is a very non-concludent , argument . i have now answered doctor heylin , and i might proceed to confute him also , but that is done to my hand by a lin . minister , in a booke called the holy table , name , and thing ; and hither i shall referre all that are unsatisfied in this point . i shall note only of that learned author , that he puts his examples of the chiefest metropolies of europe and asia , and in rome it selfe , his first instance is in the catacombe , the most antient and reverent church there , wherein saint paul and peter first were buried , and where none might officiate , but the pope : yet even this church was not canonicall in this easterne altar posture . his next instance is in saint peters there the holy mother church of the world , for 〈◊〉 there , that most reverent altar , which stood over the translated b●nes of peter and 〈◊〉 , stood some distance from the wall . many other instances are given not fit to be repeated , and yet of all instances none can be more convincing the● those of his foure tables so pretious , and richly adorned , and inscribed round about , which were dedicated at constantinople , rome , and s. dennis . if altars were onely in use , why was such incredible cost pow●ed out upon tables ? if the altar posture was onely in use , why were those tables round about on 〈◊〉 side inscribed , when the inscription had beene 〈◊〉 in part obliterated ? i come now to this later age , and to our owne nation . in the time of edw●●● ▪ we finde that altars were taken downe , that hooker preached against them , that ridley tooke away the altar wall in pauls to destroy the posture of them , that bucer complained in c●or● tantum sacra representari . and when at first things were not fully setled , when the old posture was rejected , and not any new one instead therof constantly 〈…〉 we find huggaid deriding that incertainty : and wee find● king edwards second liturgy ending that doubt by appointing the north side of the table , for the place whereat to officiate : in the time of queene eliz. we finde an injunction to place the table where the altar stood , saving when the communion is to be administred , and other things referred to the appointment of visitors . and in the third of queene eliz ▪ the visitors set forth their order , that the steps in the chancell shall be decently 〈◊〉 and that there the communion table shall stand out of the time of receiving : and we know no reason w●y they which indured not the forme of an altar , should indure the posture , or why they which liked not that posture in time of receiving , should like it at other times : or why they should call that the north side , which our doctors now will needs understand the north end of the table . lastly , 〈◊〉 sanctorum be interpres praeoeptorum , we must beleeve that the altar posture had not beene so generally used in all parochials in the whole kingdome ever since the reformation , and no care thereof taken by authority , if it had beene irregular . but the doctor sayes that the altar posture is retained in the kings chappell , and in cathedrals , and that they ought to give law , and not to receive it from parochials . for answer we say that chappels and cathedrals have their own peculiar statutes , & may differ sometimes from themselves therein , and from parochials , but parochials are all governed by the publike canons : besides we see there is a great difference in the very fabrick between cathedrals , chappels , and parochials ; and therefore in parochials the table is removed in time of administration , because the chancel was not held so fit for the audience and accesse of the people , but in cathedrals , and chappels , no such removall is necessary . chappels & cathedrals 〈◊〉 also otherwise , as in pompe , and in the intelligence of the congregation ; and in this respect also ceremoni●s may be perhaps the more plausible in them , then they are in parochials . the doctor lastly cites saint gregories case , and sayes that their altar posture was adjudged by the kings owne decision . but i conceive otherwise , for these reasons . first , because that church of saint gregorie stood under the very wall of pauls , and owed a filiall subjection thereunto . secondly , because that church had no chancell to officiate in , but was built chappell wise , the east eud thereof being sufficiently visible to all the congregation . thirdly , because the king did not intimate in his order that he intended to make that case a precedent to other parochials , and we know no reason why that pleasure should be concealed , which desires to be obeyed . fourthly , because many other visitors both wise and godly , have not taken it as an over-ruling law in their jurisdictions . fifthly , the king did onely settle the table being removed , and prevent further removals , but hee did not place it side-way to the east wall himselfe , and we know the law would not have all things done , which it hinders from being undone . for these reasons it may be conjectured that the kings aime was at uniformity onely , but not in all things , nor at all times where the like reason is not . and since b. bilson sayes that the very word altar so●●nts superstition , and the parliament adjudges that the forme of a table shall more move from superstition , and there can be no reason why the posture of the altar should not fall under the same , consideration , we conceive the kings meaning to have beene mistaken . chap. iv. concerning the sanctity of the altar , or its due adoration . the honour and sanctity of the altar , and that adoration which is due thereunto , is now to be insisted upon . the name , nature , and posture of altar has beene all this while so stifly vindicated , and maintained in behalfe of the table ; that a divine worship might be asserted and challenged as due to it : but now behold on a sudden , when the name of altar will not serve , the name of arke must supply that office . in the twinckling of 〈◊〉 eye the scene is changed by our doctors , and that which was an altar before , is now become an arke ; and that which stood before in the sanctuary is now removed into the propitiatory , and there shrowdes it self under the wings of cherubins . the surest argument now is , that as our churches are to be accounted holy , and reverenced as the temple was amongst the jewes ; so in our churches the holy table ( not altar ) stands responsible to the arke of the covenant , and the mercie-seate . doctor micklethwaite sayes , that god may be worshipped in such places where his presence is truly specified : as it was in the mount , in the temple , &c. and if under the law it was no idolatry to worship towards the places , and monuments of gods extraordinary presence , it is none in the gospel . and thus it is lawfull ( he sayes ) to lift up our hands and eyes towards heaven , and so vocally implore god , because in the act of such worship , we use heaven but as a meere circumstance , not as an object , no not relative , or mediate , and we direct our posture only , and not at all the act of our worship towards it . hence he infers that the like respect may be used to our table or altar , which the jewes used to the arke or temple , because ours answer to theirs , being according to antiquity , solium , christi , and oculus ecclesiae . so wee see his maine ground is that a reverentiall posture being due to any sacred place where gods presence is specially manifested , as in the church , &c. this pois best directed to that place of the church which is most sacred , and of most eminent relation to god ; and that place is the altar , or table . god is in all places present , and yet the monuments , and specifications of his presence are not alike cleare and glorious in all places : his presence in heaven is not as it is in the jewish temple , nor in the jewish temple as in ours , nor in our churches as in common places : gods presence is sometimes in some places extraordinary , yet even his very extraordinary pre●ence is not alwayes to be alike honoured in all places , and at all times . heaven it selfe is not to be made the object , but onely the circumstance of devotion , and that not of the act , but only of the posture of our worship ; and yet heaven is indeed the true throne of god , and can therefore the lifting up of our hands to god in heaven , justifie the falling downe before an altar ? had the doctor first proved that the table was solium christi , and the chancell oculus ecclesiae , and that there was the same adoration now due to the altar , as was once to the arke ; and that gods presence is so now specified in our churches as it was in solomons temple , or as it is in heaven ; he had maintained enough for the meere posture of adoration . but since this maine {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} is still unproved , it will bee better worth my while to passe from hence to doctor ▪ lawrence his sermon upon exod. . . where hee is more full , expresse , and direct in the point , then any other of the doctors . there was ( sayes doctor lawrence ) a holinesse acknowledged amongst the jewes in places , in persons , and in things ; and that according to degrees , some holy , some more holy , some most holy : according to the dispensation of gods residence and grace , as that did more or lesse shine upon them . not onely the tabernacle , the mount , the temple ; but even the staming bush shewes this : for at a nearer distance moses might not be at all , nor at a farther without unloosing his shooes . hence the doctor indeavours to conclude , that if gods presence and grace was the cause of this holinesse amongst the jewes ; then the same reason of holinesse remaines still amongst us christians , since no man can deny that god is still as present and gratious amongst christians , as eve● he was amongst the jewes . and in this hee does not depart from the same principles which doctor mi●klethwaite took before for granted , and which at first view carry a very specious colour of reason with them . to this therefore i make a fourefold answer . first , it is true , god is now as present , and as gratious in his presence as ever he was amongst the jewes : but he is not so visibly , nor so majestically present to us as to the jewes . there is some kinde of opposition betwixt majesty and love ; and therefore as the poet affirmes , no● bene conveniunt , nec in una sede morantur : to us god descends in more love , to the jewes in more majesty , and wee hold that a severall entertainment is due accordingly . majesty requires more externall prostration , and feare ; love expects more internall joy , and confidence . even in these dayes when we come to the church of god ; we ought to make our addresse with all possible humility and zeale : but if god should in the church appeare in fire , or any fearfull similitude to us , as he did formerly , certainely we ought to clea●e to the dust , and to inwrap our selves externally in the more confusion ; and yet god is not the more truly , or gratiously present , because of that apparition . secondly , when god did ocularly appeare amongst the jewes , hee did not at all times , and in all places , and of all men require the same adoration : so that we may suppose that the manner of adoration given , was not meerely because god did appeare ; but brcause god would have his apparition so entertained . moses here did worship , but god commanded the manner of his worship ; and in many other interviewes in scripture , wherin god did grace both patriarchs and prophets , wee doe not read of any consecration of place , or any such distinct adoration , as this of moses , either commanded by god or performed by man . certainely elijah , when god passed by him , and gave him the beatificall sight of his back-parts fell prostrate upon the ground , to humble , and debase himselfe before that gratious presence : but that he performed any homage , or gratefull service to the place it selfe , we doe not reade . besides , in this case of the blazing bush , there was a command , and that but temporall ; and we doe not reade that any holinesse did remain in the bush after the command . so also the holinesse of the mount , of the tabernacle , of the temple , as it was created by the command of god , so that command had its limits of time , by which we may observe in my opinion , that the honour was rather politicall then physicall ( as i may so say ) & without speciall command had not bin due in such a manner or degree . but ( sayes d. lawrence ) after an apparition in luz , jacob anoynted a pillar , & built an altar & changed the name of the place from luz to bethel . jacob did so , and did religiously in doing so ; but yet if we suppose jacob had no especiall command to doe so , it is not consequent that jacob had finned if he had not done so . besides , jacob did erect those monuments of honour , not onely in celebration of that ground whereon he was reposed , when he beheld the angels ascending , and descending : but also of that radiant gate of heaven which opened it self to him to inebriate his soule with such celestiall beautifull spectacles . and lastly , jacob did chuse that place whereon to worship god , but this does not imply that jacob did performe any reverence at all , or honour to the place it selfe ; and so if he had done the like in another place , upon another occasion , he had done well . thirdly , the jewish honour and reverence in regard of the manner of it was chiefely negative , and except in cases of divine worship , and civill worship , we read of no other . the arke was so holy that it might not be approacht , or toucht but with such and such conditions : so the bush which gods presence inflamed , it was too holy for too neere accesse , a●● the ground about it too pretious to be trod upon with uncleane shooes : but who ever read of any bowing , or kneeling , or positive adoration attributed to the arke , or bush , or temple , or any other thing under the jewish discipline ? doctor lawrence indeed does produce a third kind of worship betwixt divine and civill , which he cals reverentiall , or religious : but he does not fully prove what kind of conditions it had , whether it was positive , or negative , internall , or externall , or how farre it did extend , or how farre it was due to 〈◊〉 relative instruments for gods sake ; wherefore , if the doctor means this negative kind of worship which consists in distance and forbearance for reverentiall , it is most evident that this kinde of worship was never in use since christs time , as to the rigor of it , nor cannot be now introduced without great absurdity , and superstition . fourthly , the honour and worship of god i● not to be weighed in humane ballances , and ●s not greater or lesse according to that proportion , which we call arithmetical , or geometricall . moses being in the bosome of god , far above the sight of the people , is not to be supposed to honour or worship god lesse by his familiarity , then the meanest of the peopl wch lay groveling & trembling at the feete of god , and durst not approach the very outmost , and lowest borders of the mountaine . some resemblance wee have of this in princes courts , for it is not presumption in some favorites to be covered in the kings presence , or to approach the bed-chamber , though it be almost capitall in others ; and yet where princes are so familiarly honoured , they may be sincerely honoured without all saucinesse ; and such familiarity may stand as compatible with internall humility , as the most debafing subjection in 〈◊〉 men . so if god doe admit moses into familiarity , into such familiarity as abates of externall prostration , and distance , and feare ; yet it is not consequent , that moses is hereby transported beyond the limits of internall awe , and zeale , and humiliation . and if it was so amongst the jewes themselves in those rigorous times , shall it not be so now amongst christians , when christs iron scepter is turned to a golden sheep-book in his hand ? in the jewish worship there was feare , but not without joy , in the christian worship there is joy , but not without some feare : for as feare was more predominant in them , so joy is in us . why is our saviours raigne over us now called in the scripture , the kingdome of heaven ? certainely , in comparison of that discipline which the jewes lived under , for in comparison of the jewish , which is more earthly , our worship now is like that of the triumphant saints in heaven , where joy is predominant , and not feare ; wherefore it is not rightly objected by doctor lawrence , when he expostulates thus . shall god loose part of his honour from us , by sending his sonne to us ? must there be lesse ●●linesse in the church where christ is in truth sacrificed by himselfe , then where he was sacrificed in a type or shadow by aaron in the temple ? i answer , no : god loses no honour , the church loses no holinesse , although the rigorous worship of the jewes which consisted in distance and terror , and forbearance , be mitigated by the milde , sweete , and peacefull raign of our saviour over us , we worship with more joy and confidence then moses did , moses then the jewes , the saints in heaven then us ; yet neither moses , nor we , nor the glorified saints diminish , but adde rather to the glory of god , and if any men now thinke that the most servile worship is not honourable to god , even when they are most over-whelmed with feare , and lie lowest upon the dust , the saints in heaven may upbraidingly say unto them , or rather triumphantly sing : rent your hearts , and not your garments , curvae in terras animae , at ●●lesti●inanes . but will d. lawrence say , is not this the doctrine of the seditious corahs of this age ? does not this doctrine make all persons alike holy , and all places , and so confound all order in religion ? our saviour tels us in the gospel , that the temple is holier then the gold , and the altar then the gift ; and by expulsing those exchangers and hucksters beyond the utmost borders of the sanctuary , both after his baptisme , and before his passion , when those legall sacrifices were before ejected thence , where the christian church was best represented , their lasting devotion being performed here , their expiring types within , showes that this distinction should last . the doctors first proofe was , so it was amongst the jewes , therefore so it ought to be now : in this place the doctor proceeds to show further , that by our saviours owne doctrine ●nd precedent the jewish distinction of holinesse in the church ought still to remaine . to the jewish platforme of worship , it was in part answered before ; that our saviour had made an alteration thereof , inducing in its stead a more ingenuous confident manner of worship : but now this of the doctors seemes to crosse that opinion . by this argument the doctor would seeme to prove that our saviour was so far from violating the jewish distinctions , that he did zealously preserve them and vindicate them from the violations of other men ; and that also after the ejection of legall sacrifices . i answer , it is confest that our saviour did purge the temple from the prophanation of those which bought and sold therein , as in a common place : but herein many things are considerable , which the doctor passes over with silence . first , these buyers , and sellers , did not onely exercise a common trade in that sanctified place , but it should seem their trading was full of fraud , and unjustice : for our saviour sayes plainely that they made the house of prayer a very den of theeves . secondly , it is not manifest whether legall sacrifices were now de jure ejected or no , and so whether this prophanation be to be considered as a trespasse committed against the law of moses , or as a violation of a christian oratory . baptisme was now in force by johns institution , but circumcision was not disanulled by any act of our saviour , nor disused by his apostles , for we finde the contrary even after christs ascension . besides , we finde not that our saviour , till his passion , did repeate , or oppose any mosaicall rites whatsoever , but wee finde apparently , that he did observe strictly many of them . he observed the sabbath , he did eate the passeover , he did refraine the lists of the inner courts , &c. and till his expiration he did not teare the vaile of the oracle in sunder : so that we see no reason why the temple till then might not remaine wholly jewish . thirdly , consider this act of prophanation either way , and it is no wonder that our saviour should reforme it : for even in christian oratories at this day no such thing ought to be indured . he which denies any externall positive adoration or genuflexion due to the church it selfe , or any division of it , or utensill in it , does not deny internall , and such negative reverence as this , viz. that it should be free , & preserved inviolable from common , servile exercises , and offices , and much more from impious abuses . this unjust aspersion the doctors every where labour to cast upon us , but as they want proofe to confirme it , so i hope they will want auditors to beleeve it . but if wee suppose this as christian abuse , the temple being now de jure christian , why did not our saviour comming with such unresistible authority purge the inner court , and oracle also from jewish ceremonious services , and destinate them to prayer , and preaching , as well as the outer court ? why did he not enter and draw the vaile , and dissolve that partition as after he did ? if the jewish devotions had beene now fully consummated , who had beene more fit to enter into the holiest , then he and his disciples ? or what incense could have beene more sacred in that place then his prayers ? certainely if his time had beene come , he might have as well expelled the priests and levites usurping against him , as he did the chapmen of doves and oxen : and certainely he did not want boldnesse , for wee know with what freedome hee spoke at other times to the greatest of them . so then this is a very weake argument to prove that our saviour did still preserve in force that terrible kinde of holinesse in the church of god , which makes some parts thereof inaccessible to lay-men , and others to priests according to the jewish patterne . but on the contrary what is more apparent then this truth , that our saviour hath rent in sunder that vaile of partition , which these doctors would faine hang up againe , that they might usurpe a greater dignity to themselves , and their owne order , then the gospel of christ doth allow them ? as to the approaching of the throne of grace , and that with boldnesse , wee say wee are all royall priests now , and we are not to disclaime that prerogative , because the doctor seemes to jeere at it . it is true that the nation of the jewes was also stiled a priestly kingdome to the lord , and it was so in comparison of all other nations which then lived : but whereas it is said now that we are a royall priest-hood , it is said in comparison of the jewes themselves . aaron might once a yeere approach the oracle , but with feare and trembling , presenting incense in one hand and blood in the other : but we may now approach that throne which is more honourable then the oracle , and that with boldnesse , and at all times whatsoever . neverthelesse , i doe not say that the raigne of our soveraigne doth take away the holinesse of persons , or places , or things , but it changeth that holinesse which was in them , and maketh the manner thereof different . that holinesse which was then in the high priest , is now dispersed into all the people of god , for if we are all pri●●● as aaron was , certainely we are all priests of a higher order then aarons was . therefore the sinne of corah cannot justly be charged upon us under the gospel ( as the doctor would have it ) if we claime accesse into the holiest , for aarons order is now dissolved , and so are the conditions of aarons order . neither ●et the doctor suppose that i make no difference now betwixt the person of a priest , and of a lay-man as to all purposes : for all equality does not overthrow all order and decencie . vzziah had a person as sacred as the priest , yet vzzia● might not officiate as the priest did : vzziah had his offices distinct , and so had the priest ; and these offices might not be confounded ●ontrary to decencie , although the sanctity of persons might be communicable without disorder . so now it were disorder and the confusion of corah for a secular man to usurpe the function of a minister , but it is not the same , to challenge an equall prerogative in the spirituall empire of our saviour . in the like manner we say of places , the sanctity of them is altered , not destroyed : we say , god is now more extensively , and universally present by his grace then hee was amongst the jewes . in judea ( as to his terrestriall habitation ) he did confine himselfe within the wals of one temple , but now that of malachy is verified , where the lord ●aith , from the rising of the sunne , unto the going downe of the same , my name shall be great among the gentiles , and in every place i●cense shall be offered unto my name , and a pure offering . besides , as god now inhabits amongst us more universally , so also more amiably : or else no lay-men , nor priests , but with such and such restraints might make any addresse at all into the church or c●●●cell ; which the papists themselves doe not maintaine . to the jewes god was more dreadfull , as to servants ; to us he is more milde , as to sonnes . the law was delivered with terror , and so kept , for it was made mortall to approach either the moune where the law was delivered , or to touch the arke where it was kept : but when our saviour came into the world to publish his gospel , he tooke not on the habit of a lord , but of a servant ; and as his entrance , so his life and death was , and as his soveraignty was acquired , so it seemes to be maintained ever since . in the like manner wee say also , that there is a change of things . many externall rites , and customes of reverence , which consisted in the rigorous observations of times , and in the lotions of their bodies , and purity of garments , and cleannesse of diet , are vanished ; and yet some equity of these still remaines according to the rules of order , and decencie , but no further . though these rites were honourable to god , and conducing to decencie , and the pompe of religion ; yet the strictnesse thereof is now relinquished according to the heb. . . for there they are called carnall ordinances imposed on the jewes only , untill the time of reformation . wherefore let the doctor con●ider , if all the jewish rites which were requisite to the externall honour of religion , bee not as properly vindicated , and maintained by these arguments as the distinct sanctity of places in the church : and yet these no papist will defend . neverthelesse i doe not speake against all pompe in religion , i onely say that simplicity seemes more sutable with these times of christianity wherein wee worship such a saviour as we doe . and on the other side , it is most apparent that our pompe addes nothing to god : for aaron in all his beauty , solomon in all his majesty , did retribute no more honour to god , then abraham , or isaack in their naked simplicity . but it hath beene rather observed , that when the church had woodden chalices , it had golden priests , but god send us golden priests and golden chalices both . after our saviours death , saint stephen , and saint paul were accused amongst the jewes for speaking against these mosaicall distinctions in the temple , and here doctor lawrence sayes if the accusation were true , it was just . i will aske the doctor this question : was the temple at that time de jure jewish , or christian ? was moses or christ to take place in it ? if he say christ , as he must , then why should he thinke saint stephen , and saint paul more unworthy to enter into the most honourable parts of the temple , then any of the jewish priests ? it ought not to be presumed that these blessed followers of christ did generally vilifie the honour of gods house : but their crime was , that they did preach against the mosaicall strictnesse of the limits and divisions of the temple , shewing that all places therein were approachable by the ador●●s of christ . there can be no other charge probable , and if the doctor say that in this they were justly accused , he is as wrongfull a judge over them , as any of the jewes whatsoever could be . now we come to fathers , and antiquity . the primitive christians ( sayes doctor lawrence ) distinguished their oratories into an ●●rium , sanctum , and sanctum sanctorum , and accordingly put more holinesse in one then in the other , having an altar here answerable to an arke there , and in signe of perpetuity poynted their churches east , looking towards the temple . in this conceit doctor la●rence goes not alone ; onely the other doctors , because the changing of the scene from the sanctum , to the sanctum sanctorum , from the altar to the arke , upon the sudden would be too remarkable , are more sparing of language . but what an argument is this ? because the primitive christians did build their churches with some kinds of divisions resembling the jewish temple , and because they did esteeme one place more holy then another , therefore they did esteeme the very jewish holinesse , and distinctions in all things equally in force . it should seeme the altar was advanced to an higher dignity , and removed out of the sanctum , to possesse the place of the arke , and the mercie seate , because this alteration suits with the doctors purpose ▪ but in all other things the jewish honour and holinesse remaines unchanged in our churches . the building of our churches east also looking towards the jewish temple , shewes the perpetuity of holinesse , and although this be but a particular reason not to be extended to any churches , but such as stand west from judaea ; yet for the doctors benefit it must be taken for universall . neither must we make any use of this doctors argument to any other purpose , although it be as apply able to the heathen temples , as to ours , or the jewish , for they had the same divisions also , whereof some were more holy and unaccessible then others . but it is apparent that the jewish sanctity in its strictnesse cannot be attributed to our quire by our doctors owne tenet , for he himselfe grants it accessible to priests , and all within orders : and we on the other side in an equitable sense allow it more reverence then other parts of the church , therefore what kinde of honour is it which the doctor challenges both different from the jewish , and ours also ? if the primitive church stood wholly to the jewish patterne , then they may be produced against the doctor , as well as against us , if not , how are they produced against us in this point more then against the doctor himselfe ? that antiquity did observe a difference betweene common and consecrated ground , and also betweene one consecrated place and another , and in the fashion of their buildings hold some complyance with jewes and gentiles both , so farre as the rules of decencie , and charity did require , certainly it was piously , and prudently done . that which we say is onely this . first , we doe not perceive that antiquity did strictly adhere to the jewish discipline . secondly , if antiquity in honouring of sacred places were more rigorous then we are now , we doe imagine that in part it was erroneous , and in part that it had some reasons unknowne to us at this time , and so vanished now , that they ought not to prescribe to us . all rude prophanation of holy ground wee doe dislike as antiquity did , because it is opposite to the rules of decencie and order , and if any man teach that the house of god is contemptible , or that there ought to be a community of places , or persons we wish the anathema of gangra to seize upon him . howsoever we dare not in all things follow antiquity . if antiquity did thinke the church too holy for justice to approach , when malefactors sought shelter there from the due execution of law , we dare not follow antiquity therein ; if antiquity did thinke the quire so holy that the person of an anoynted emperour might have no place therein , we dare not in this follow antiquity : if antiquity did thinke the chancell ground too holy for any lay-mans bones to repose in , or the church-yard too unholy for a priests interment , we dare not justifie this usage : if antiquity did thinke fit to translate the bones peter , paul , augustine , aidan , &c. from one consecrated place to another for more holinesse sake , as if it were profitable to the ashes of the saints so to be translated , we dare not applaud this invention : if antiquity did place such holinesse in the altar , as if it had medicinall force in it to cure bodily diseases , and for that reason did fall downe before it , as to a common physitian , wee cannot so farre abuse our beliefe : if antiquity did exclude divers stations of christians from divers partitions and limits in the body of the church , wee dare not now in these dayes practise this observation . we doe not hold the judgement of antiquity to be in all things infallible , neither in these circumstances dare we strictly addict our selves to their imitation : the papists themselves being scarce devoted to all these observations at this day . but if we approve antiquity in all these things , yet how does it appeare that it did sanctifie the altar in stead of the arke , and mercie-seate , or the chancell in the same manner as the jewish oracle was ? and if it did , how could our priests prove hence such worship as they now challenge due to the altar ? if we consider the arke and the oracle , and compare them with our table , and quire , we shall finde that the paralell of honour cannot hold for many reasons ; for , 〈…〉 first , those times were not as ours are , the sweete pacification of christ had not then made god so indulgent to mankind , as now he is , so that he would be glorified then with more terror than now he is . god in those dayes did not admit of so much familiarity in his servants , as now he does , yet to shew that some familiarity might be without sawcinesse ( which the doctor seemes unwillingly to grant ) to some men he offered himselfe in the milde semblance of a familiar friend , even in those times . this , the examples of abraham , isaac , jacob , moses , &c. sufficiently verifie . was moses sawcy , or joshua , &c. when he ascended up into the mount within the cloud , and brightnesse of god ? or was the congregation more reverent , and obsequious when they durst not so much as lift up their eye after moses , because of the terror of god ? certainely no : for god was more sanctified by the bold addresse of moses , then by the awfull distance of the people , and therefore , whilest their faces were blacke with feare , his face was arayed in divine splendor , and majesty . neither was it the holinesse of moses his person , but the gratious indulgence of god , that made this difference betwixt him and the people : and so wee say now of these dayes , mutatis , mutandis . secondly , the table is of it selfe much different from the arke , and mercy seate . the arke was terrible , by reason of the law of god , which was therein inclosed , that mortall law , from whose condemnation no man living could escape of himselfe : but the table presents us with the very marrow of the gospell , wherein is life , and health , and forgivenesse of sinnes . also , the arke was canopyed with the mercy seate , that dreadfull thro●● of god , where god did keepe a strange residence , vocally ruling his people , and administring justice after a terrible manner : but the table is an ●●●fill , wherein god is not so presentiall at all times , nor at any time meerely by the meanes of that it selfe , but by the meanes of the sacrament at some times supported by it . also , the sanctum sanctorum it selfe was such a place , as was wonderfully terrible by reason of gods residence in it , after the losse of the arke , and the mercy seate : and so●e doe not repute our chancells ; whose chiefest honour is borrowed from the holy table : and for these reasons we know the arke was not to be touched , even by a priest , and that upon a godly consideration , but upon such penalty as vzzah indured , ●nd with this condition our table cannot ●uite , and we know that the oracle also was not to be approached but once a yeare , and that by the high priest only , & with this condition also our quires cannot agree , for if these conditions were admitted , the table might not be touched , or remooved , or altered for any reason whatsoever , or any other place designed for the administration of the communion : or any other time appointed but once every yeare . lastly , neither the gospell written , nor the pr●ctise of antiquity doe informe us , that ever the altar and chancell were so honoured by christians , as the arke , and oracle were by the jewes , we see no probability that ever the table was accounted any thing but a holy utensill , till doctor helyn dis●●yned ned that 〈◊〉 , for why should the chalice and patin be utensils , and not the table , they being more necrely imployed about the body and blood of our saviour , then the table ? if the table be not as meere an instrument , and utensill as the chalice is , then the doctor must derive its honour from some other thing than the sacrament , and designe it for some higher use proper to it selfe , as the arke and merci-seate was : but this the doctor cannot doe , and if he should attempt it , even so he would crosse his owne assertions . the arke with the mercy-seat could not properly be said an utensill in the jewish service , because they were ordained by god for no humane office , but rather for a receptacle of the divinity , as a place where god would set the soles of his feete . but the table is therefore placed in the church , that it may be employed in the communion , and if the communion had not beene instituted , no such thing had beene necessary at all . neither is it of any absolute necessity in the communion , for in case of persecution , it is held , that for want of a table , wee may celebrate the eucharist upon the ground it selfe . besides , among the jewes the altar , and the altar instruments were of the same metall , in the same manner beautified , and with the same solemnity consecrated , and therefore why our chalice and patin should not much rather be of the same honour and sanctity as the table , i cannot discerne . for it is most certaine that our table is more properly a relative instrument in our sacrament , from whence it receives all its honour , then the jewish altar was , which lent honor to mosaical sacrifices , rather than borrow ' d any . but ( sayes doctor lawrence ) we finde a kinde of worship in cyrill , a direct worship in eusebius , emissenus , theodoret , augustine , and chrysostome . we have {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} in ignatius , and adgeniculation in tertullian , &c. i answer , first , we our selves doe grant a reverentiall honour due to all holy relative instruments for go●● sake , and therefore from all those fathers which speake generally , and meane no other but {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , as ignatius does , we doe not at all dissent . secondly , where particular adgeniculation is required , or bodily prostration , so it be in the time of receiving , and tender'd for the sacraments sake , and not to the very table , wee doe practise , and allow it . and so wee agree with saint chrysostom that we ought to approach the table , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , &c. and cum prius adoraverimus with , saint austine . thirdly , at any time , as well when the sacrament is not upon the table , as when it is , we doe not alwayes censure of such a decent bowing before the table , or towards the table , as the jewes did performe towards the mount , or tabernacle , so the table it selfe be not the object , or held the onely occasion of our worship . fourthly , we say the table may be called holy , venerable , and divine in a qualified sense , by reason of its relation , as the garments of aaron , and the utensils of the temple were , but this infers no duty of worship . fifthly , we say that antiquity might erre , by way of superstition towards the table , and this we beleeve the rather , because in some places they did ascribe inherent , physicall vertue to it , and at some times such rigor of holinesse , that princes , and emperours might not be permitted to abide in the same division of the church where it stood : if tertullian say that bodily worship is due to the altar , yet i● he prove it not out of scripture , we answer out of saine augustine : non credimus , quod non legimus . sixthly , it is not proved by any one humane authority or more , that altar worship was in use in all parts of christendome at one time , or in any one part at all times : much lesse is any thing brought out of scripture to this purpose . seventhly , in the same manner , and by the same authority we finde presbyteris advolvi due , as well as aris adgeniculari , and in antiquity also , it was part of penance presbyteris , & aris advolvi . and we know moreover , that not onely excessive honours , but also all the revenues and treasure of churchmen , was first raised and advanced by this art . it is not to be wondred therefore , if ambitious and covetous prelates did so much magnifie , and extoll that , which did so much magnifie and extoll them . well may the pope still in all consecrations hallow the altar with most pompe , and ceremony , well may he anoynt that , which was the first cause of anoynting him : well may he sacrifice to that net , which has made all princes sacrifice to him : well may he claime divinity , and sanctity for that , which has promoted him to fit in the temple of god , as god , nay above all that is called god . when the hornes of antichrist first began to shoote forth , when the man of sinne , and the sonne of perdition first began to be revealed , it had beene very unadvisedly ordered , if psalmes of degrees had not beene sung at the ascending of those staires , whereby the priest did mount to as much , or more exaltation himselfe as he did procure to the holy altar . but this is a tender point , and if i speake any thing in disparagement of antiquity , especially the great bishops of old times ; i shall be fore-judged as a man ill-affected to truth , or religion , and all which i shall say will be soone rejected , and easily refuted . therefore , to avoyd unjust imputations , i will confine my selfe to the meere point in question , and digresse no further then the doctors arguments 〈◊〉 me , and therein also my chiefe indeavour shall be to doe reason to princes , not to detract at all from priests . two things i shall observe . first , that this tenet of the altar-doctrine , and altar-worship doth naturally issue forth conclusions that are very dangerous , and prejudiciall to princes . secondly , that the doctors have too farre co●●tenanced , and maintained the same in their late treatises concerning the altar , contrary to th●se many pretenses of zeale and devotion , which they every where make to the name of royalty . by the doctors grounds , meere relation to sacred things is of vigor , and honour sufficient to transfer revere●ce and dignity upon the instruments relatively used , for sayes doctor lawrence , god is not worshipped , if relative instruments be not worshipped for his sake . this being granted , it followes , that most honour is to be transferred upon that instrument , which is most nobly relative , and so in the sacrament the priest being {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , and the table or patin , being but insensible utensils , the priest is to be accounted more holy , and honourable , then either the table , or patin . if so , then what becomes of princes ? for they are as much inferiour to the altars in sanctity , as altars are to priests . they are not holy enough to approach the rayle of the altar , or to stay in the chancell , therefore , how shall they demeane themselves towards priests , who are farre more honourable , and venerable in their offices , then the altars are in their imployments ? besides , if the altar be honourable for the sacraments sake , and the sacrament onely or chiefely , as it is a sacrifice , then how honourable is he that makes this a sacrifice , for the sacrament is not a sacrifice by vertue of our hoc edite , but only by vertue of the priests , hoc facite , so sayes doctor heylin very plainly . how many kings ha's this doctrine formerly dethroned ? what warres and calamities has it imbrued the whole world withall ? when it first brought christians downe to the clergies feete , how many heresies did it broach ? withall , how many myriads of soules did it at the same instant sinke into the lake of hell ? but will the doctors say , if popish priests have made ill use of this doctrine , what is that to us , who honour and adore soveraignty above all other men ? i wish the doctors were as they pretend to bee , i wish they were not {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , as they taxe their opposites unjustly : i wish they did no more profit by this doctrine then their adversaries doe , or else i wish they did not more advance this doctrine , then those which they call the seditious corahs of the time . but if the doctors are so well wishing to temporall rulers , how is it that they all alleadge the example of ambrose , and theodosius so often without any kinde of detestation , or dislike , nay seeming rather to justifie , and applaud it ? and how is it , that they speake so pleasingly of numerianus ? numerianus sonne to carus the emperour comming into the church at antioch , and desiring to behold their mysteries quasi per transennam , peeping it is likely through the rayles or lattice dores of the quire , he was presently rebuked by babylas for that attempt : but this heinous prophanation was committed but by the sonne of an emperour , and so babylas might be the more bold in his rebuke , therefore let us rather see how theodosius was used at millaine . theodosius a penitent emperour having beene long prohibited , the church and at last ●●●ceived againe , and permitted to communicate , yet he was thought unworthy after his offring made 〈◊〉 have any abode granted him within the bounds of the quire . it was not sufficient that he was an ●●perour , and a christian emperour , and a 〈◊〉 christian emperour , it was not sufficient that i●constantinople , and his easterne dominions his 〈◊〉 was within the quire : but at the proud check of a bishop of millaine sent by one of the deacons , he must depart that sacred place . this story the doctors do all severally produce either once , or 〈…〉 if it were not dishonourable to all princes to have it mentioned at all , or rather impious or ung●●tious in all priests to suffer the mention thereof 〈◊〉 passe uncensured from their lipps . here is a cleare authority cited againe and againe with the weight of saint ambrose his name to abet it , that by the rules of approved antiquity , the persons of princes were not worthy to approach that part of the church where the altar was placed , and where the priest● , and deacons did officiate . and if saint ambrose would so extrude an annoynted emperour at mill●ine , what would the pope himselfe have done at rome ? if such a pious bishop would be so insolent and distoyall , what would the bishop of all bishops have done ? the doctors do not openly declare themselves , in favour of this act of saint ambrose , because i thinke it needs not , for their opinion in sufficiently evident of itselfe , and if they did not discover their consent by silence , yet their scope in this whole busines would make it manifest . for by what law did saint ambrose confine the emperour to the body of the church ? it was not by the law of god , nor of the emperour , for it should seeme the emperour had a contrary law in his easterne dominions : it must needs be by this altar law , and this only . if the levites table be so much dignified and hallowed meerly by bearing the body of our saviour , then certainly the priest which con●ecrates the same , and is more nobly and intelligently active in the celebration of the sacrament , must needs acquire much more dignity and holinesse : and if so , then priests must needs be more excellent then princes , then whom the table is more excellent . this must needs bee that which did convince theodosius , and this if it be yeelded to , will still convince , and confound , and degrade all christian princes whatsoever : for this is one of the most powerfull intoxications that the inchantresse of rome mingles for the princes of the earth . the foundations of the popish hierarchy are not yet quite razed in many mens minds . the scripture is cleere , that as priests are dedicated to god , and admitted to a nearenesse in holy affaires , to serve and officiate at gods a●tar , and doe thereby gaine a sanctity above meere lay-men : so also that princes are sacred in a higher degree , in that they are anoynted by god to feede , governe , and protect both priests and lay-men , and to represent god himselfe in his power and majesty , and to have nearest accesse in things of the highest , and holyest nature . aar●n though the first and greatest of his order , receives his solemne consecration from the hands of him which weilds the scepter , and when the law is to bee delivered , the scepter-bearer is to bee admitted into the presence of god , and higher to bee promoted in the dreadfull majesticall cloud , then any of the house of levi ; nay his next subordinate attendant obtaines a higher station in the smoaking mountaine , then any of the priests . also when the tabernacle , and the arke , is to be framed , and when the temple is to be erected , the modells are prescribed and committed to the charge of the prince , and when all is finished , the princes blessing and prayer presents the same as dedicated , and separated to gods service . and in all the offices of religion , the priests serve in the outward action , but the lawgiver superintends over the priests in that service , and when any great difficulty requires , god is to bee consulted and approached at the command of the supreme ruler : so that the good or ill state of religion depends chiefly upon the good or ill government of gods immediate lievetenant . and thus aaron is but as a mouth to moses in some things , but moses is as a god to aaron in all things , and though moses may not officiate at the altar meerly out of contempt to aaron and his function , or out of enmity to all order and relation , yet he may move uncontrolled in his own superiour first moving sphere . it is a poore shift of our doctors to pretend that moses was within sacerdotall orders , and to cite the . psalme , where it is sayd , moses and aaron among the priests ; for moses had not ecclesiasticall power , because he was of ecclesiasticall order , but he may therefore ●ee reckoned amongst men of ecclesiasticall order , because he had more then ecclesiasticall power . what moses had in the government of the church over church-men themselves , the same david had , and solomon had , and all the successors of david , and solomon ought to have . till the world was inslaved to church-men , under the pretence of church policie , the care of temporall and spirituall affaires was not divided ; neither was the one which is the basest , given to the magistrate , and the most excellent attributed to the priest , as if the prince was the body , and the priest the soule of the state . miserable were wee ( sayes doctor pockington ; he meanes in poynt of religion ) if my lord of canterbury could not derive his lineal succession from saint peter : but i thinke if this bee all our stay , wee are now most miserable , for our religion is the same as theirs is in geneva , and theirs in scotland , and theirs in the netherlands , and in the north parts of germany , where no bishops are , and if they are miserable , wee cannot be happy . had wee beene hereticks , if in the reformation none of the romish clergy had had hand in our reformation , if cranmer , latimer , ridly , hooper , &c. had not turned protestants , had we been utterly deprived of the true and effectuall power of ordination and imposition of hands ? could not god by the sacred hands of edward the sixt , have derived his grace unto the protestant clergy , unlesse some from the romish party had come over to doe those offices of consecration ? was the hand of moses , joshuah , &c. more gratious and effectuall in the offices of ordination under the law , then a protestant princes is under the gospell ? what is the reason of it , that the gospell should bee introduced to the detriment and prejudice of temporall authority ? or else shall we thinke , that aaron was as the soule in spirituall rule whilst the jewish law was in force , and that moses had but a corporeall , subordinate , lesse excellent power under him ? but i will follow this chase no further now , because the times are lately changed , and i believe the doctors will easily yeeld to retreate of their owne accord . praesbyteris & aris advolvi , was the old penance as well for princes , as people , now wee will bee content if they will leave out presbyteris , and shew devotion aris onely . my lord of canterbury , and doctor pocklington thinke it a good argument for alta●worship , that . yeares agoe the founders of the garter did performe their ceremonies with adoration before the altar , and that the successors of that order have continued the same adoration ever since . this is scarce worth an answer , for the times when this custome began , were blinde and superstitious , and the meere practice of a few noble men was never yet thought a canon in matters of ecclesiasticall discipline . but i come now from precedents , to give answer to our doctors reasons . a difference of places ( sayes lawrence ) requires a difference of respect , that honour may be sutable to merit , as justice requires . i answer , wee dispute not against degrees of internall reverence , whereby wee hold churches more honourable then barnes , &c. our exceptions are against the jewish rigor of bodily adoration , or such externall expressions of worship , as favour of too much terror , and consternation : but the doctor further presses thus . it is but as justice requires , that that place should have the preeminence from which vertue is derived to the rest , for the word is not operative , but by the merit of that sacrifice , nor the streames of regeneration pure , unlesse first bathed in his bloud . i might deny that any one place in the church deriveth vertue to an other , but i will not stand upon ●avills , for the doctors meaning is no more then this , that the word is not operative , but by the merit of that sacrifice , &c. therefore that place , where the word is preached is not so honourable , as that where christ is sacrificed . to make comparisons of honour betwixt the ordinances of god is not so safe , and commendable , but grant the sacrament to be more operative , then the word , ( for so the doctor should have argued ) is not the word therfore operative at all , but by the sacrament ? how does this conclude ? may not baptisme , and the preaching make us partakers of christs bloud , and merits , except wee actually receive the eucharist ? is the vertue of christs bloud only annexed to the sacrament ? and if so , is the vertue of the sacrament affixed to the altar place ? and if so , must that place bee infallibly in the upper end of the chancell ? doth the church of england so oblige it selfe to that place in all cases , that it will not have the communion celebrated in any other part of the church ? and if so , is all the honour of the sacrament in the consecration , and nothing in the distribution ? is not the place where the people receive , of some sanctity , as well as that place where the priest blesses it ? and grant all , yet what doe all these paradoxes conclude for any particular kinde of worship ? or what wee are to worship , whether the table , or table-place , or both , or whether these as relatives only to the sacrament , for the sacraments sake , or equally as the sacrament it selfe ? but let the doctor goe on : why should any slave be more vile in the hight of his lord , then wee before god ? &c. nor is this grace greater then is ascribed by ecclesiasticall writers to the parts which our saviour conversed in , &c. to his spitle , to his garments , &c. wee doe acknowledge a greater duty and distance , and humility to bee used towards god , then any slave can render to his lord ; wee de●y no kinde of honour to god , internall , or externall , only wee dare not present to him but according to his owne command . but for relative instruments which we are to hold sacred for gods sake , such as the ground whereon our saviour trod , or his garment , or his spitle , &c. or the altar , wee are uncertaine how to reverence them according to our doctors opinion . the jewish manner of distance according to strictnesse , is not to be maintained by the doctor himselfe , and wee know no other kinde of worship used by the jewes ; neither when the arke was solemnly moved , or removed , doe wee read of any other reverence applied . and therefore to what purpose the doctor does urge the jewish example against us , wee doe not see : and if he will moderate his honour according to the equitable tenor of christs gospell , wee shall willingly be informed by him . in two things the doctor leaves us unsatisfied , and very uncertaine of his meaning : first he does not cleerly and constantly nominate any distinct forme of reverence , which he would have us use ; secondly , he does not certainly and fully instruct us in the grounds , and reasons of that reverence . first he sayes , adoration in the law , which was a very strict time against superstition , was never without prostration , and to this purpose he cites examples , wherein men did civilly so fall downe before men , and religiously before god : but he gives us no instance at all wherin any such prostrate manner of worship was given to any third , middle , holy relative instrument betwixt god and man . wee say that bodily adoration may be given to man , because it is but a meere civill act , and for civill reasons , and the mind is not subject to be misled thereby into superstition , because the nature of man whom wee worship , and the manner of adoration wherewith wee worship , and the civill reasons for which wee worship , are so perfectly knowne to us . also wee worship god with bodily worship prostrating together our soules before him , acknowledging that the highest kinde of divine worship is not competent for his majesty , and herein also there is no feare of superstition , because wee cannot erre in the excesse : and therefore the doctor cannot either from divine , or civill worship , conclude any thing for his middle kinde of religious honour ; because in these relative instruments wee are to divide our soules and bodies ; not ascribing so much as to god , nor so little as to man : neither have wee any precept , or precedent for this third kinde of worship in scripture , but rather the contrary : where do wee read in scripture that the iewes did bodily worship the arke , or the altar , or the tabernacle , or temple , or the footsteps , or garments , or spitle , or sweate of our saviour , as our doctor instances ? or how can he prove that any orthodoxe doctors in the primitive times did worship the gospells , or crosse of our saviour ? is it sufficient for the doctor to say , as things have beene in esteeme , so religious persons have ever esteemed them ? how does this tautologie confute us ? but , ( sayes the doctor ) the constant obeysance of israel in the wildernesse was towards the mount , tabernacle , fire , cloude , arke , &c. and ezekiel saith , at the gate they shall worship god : for the gate of the temple was over against the mercy-seate , and so towards the temple they did worship as well when they were farre distant in other lands , as neere it . and so saint paul saith , the converted gentile falling downe shall worship , &c. i answer , here the doctor strives to prove religious worship , by divine , as if they were both the same , and not to bee distinguished . is there not a plaine difference betweene falling downe before the gates , or towards the gates of the temple , and to the gates , or to the temple it selfe ? nay , there is a difference in falling downe before , or towards the house of god in mens mindes : and it is most evident that even to the jewes did not fall downe before the house of god , as the papists doe before their images . the papists say , they fall not downe to , but before the picture , worshiping that which is represented , not the thing representing ; but if so , if they have the same reason to worship god represented in the image , as the iewes had really , and gratiously presentiall in the temple , then why might they not fall downe towards their pictures being a hundred leagues distant , as well as holding them in their hands , for so the iewes did ? it was proper in daniel to set open his casements towards sion , and to worship god in that posture , and hereby hee made it evident that hee did not worship by reason of any motive arising from the meere building it selfe , but meerly for the presence of god himselfe there residing . how fond would it ●ee if papists now should doe the like to their deities , or if wee should doe the like to our altars , except we did believe god to bee as presentiall in them , as the jewes did in their mercy-seate ? this quite dashes the conceite of all memorative instruments , for they which worship pictures , or altars , as being memorative only , must needs confesse that they worship them otherwise , then as daniel did the mercy-seate , for he being absent was rather memorative of that for gods sake which there inhabited , then that was memorative of god to him . besides , if wee did believe that the glory , and face of god ( as the scripture sayes ) did as majestically dwell in our table , as it did betweene the jewish cherubins , yet the jewish example will not guide us to the adoration of the table only . solomon in his consecration names , and blesses the whole house , and prayes god to be favourable to all supplicants extending their hands to the whole house , and so supplicants alwayes did extend their hands to the whole house . i know one part of the church is more honourable then another , but the whole is sufficiently memorative , and so not the table more then any other part , and if i must distinctly worship according to the distinct degrees of holinesse , how shall i proportion my severall bowings in so many severall places ? at my first entrance into the house of god , i fall downe and worship that blessed name of god which sanctifies that place , must i needs ascend by degrees unto the table afterwards , there to worship in a higher degree ? expecting there a greater blessing , or a perfecter memory of my saviour ? i doe not thinke that the jewish levites , and priests did thus performe so many distinct worships : much lesse could the people by that discipline . but in the second place , let the doctor give us some certayne knowledge of the grounds , and reasons of our worship , and then wee shall guesse at the manner thereof the better . in this poynt the doctor ( in my opinion ) is very much staggerd , and gives very uncertaine resolutions : sometimes he saith , that wee worship not the altar , but god towards the altar : and he that so worships a house for the owners sake , worships not the house , but the owner . sometimes , hee saith , that wee doe worship the altar it selfe , but as damascen saith , not {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , not equally with god himselfe , and his reason why wee may doe this , is because the altar is for god , not an idol , or against god . sometimes , he saith , that wee adore god in the place without separation of god from the place , as wee adore whole christ , the whole supposition in grosse , the humanity as well as the divinity , without abstraction of one from the other . generally , the doctors ground is , that wee are to worship the table , as an holy relative instrument , for wee cannot worship god , except wee worship relative instruments for his sake : but herein wee are left as uncertaine also , as ever , for all holy instruments , are not holy alike , nor to be reverenced alike , and therefore in what ranke wee are to place the table , or with what height to adore it , is not described . to all these assertions something briefly must bee sayd ; in the first place therefore , if no worship at all be given to the altar , but to god towards the altar , which is our owne acknowledgment , then why is the altar so supereminently worshipt , before any other relative instrument whatsoever ? at my entrance at the church dore , i may so worship god , as well as at the altar : and so when the font appeares to mee after my first entrance , thus i may as lowly , as heartily adore god , by reason of his gratious presence in his whole house , or his particular relation to the font , as at the altar ; and if it be said , that god is not so highly present in any other part of the church , or in all , or in any other relative instrument ( which is a hard saying ) as in the table at all times : yet this doth not infirme my inference , for even before the font ( the same god being present by the same meanes of consecration ) my devotion may be as intense , and as acceptable , as before the altar . in the second place if it be confessed , that the altar it selfe is worshipt , though not , as god himselfe , and that this is justifiable , because the altar is no idol , but a holy instrument , and not against god , but for god . i answer , first this is more then the jewes ever did , or then any precept in scripture can warrant . secondly , this is no more then the papists alleadge for their idolatry . thirdly , this is contrary to reason , for if god bee there extraordinarily present , what neede wee honour any thing else but that extraordinary presence it selfe , or how can wee without indignity ? indeed in civill worship when the king is absent , we doe our reverence to his chayre , but when the king sits there in person , what man is so infatuated and voyd of discretion , as to doe any honour to the chayre ? and for the absence of god , that cannot be pleaded . but the doctor sayes in the third place , that in this altar-worship wee worship god and the place together without abstraction , as wee doe both natures of our saviour . this answer ( in my opinion ) of all others is the worst , and i am perswaded there is scarce any jesuite that would not bee ashamed to say the like . in our saviour the godhead dwelt bodily , {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} , and even the dead body of our saviour lying breathlesse in the grave divided from his humane soule , was not separated wholly from the hypostaticall union of the godhead , and shall this stupendious union be a resemblance of gods union with the table or table-place ? i am perswaded that seraphins did attend the buried carkasse of our saviour , and adore it even resting in the tombe , and this by reason of its union with the godhead : but shall the doctors imagination create the like inseparable relation betwixt god , and the table ? god deliver mee from such audacious thoughts . but grant this , and then where is the doctors religious , middle worship betwixt civill , and divine ? how can he maintaine this , and yet maintaine with damascen too {non-roman} {non-roman} {non-roman} {non-roman} {non-roman} . in conclusion then , the doctors shete anchor , is the old maxime , that all relative instruments are to bee worshipt for gods sake , and since a worship ( saith he ) is due ex confesso , then this worship is most proper . i answer , this rule of relation must needs be a very uncertaine fallible rule as to the manner of our worship , and the degree thereof : because wee can neither distinguish of the relations themselves , as god values them , neither can wee limit , and proportion our respects accordingly . in the law , nay before the law circumcision was a very venerable sacrament and gratious league betwixt god and man , and yet in the act of circumcising there were no other knives used , but such as were common , and so after accounted and valued . so also the passeover amongst the jewes it was an ordinance more solemne and reverend then circumcision , and yet in this great celebrity the jewes used no other then common tables , and dishes wherewithall to eate their paschall lambe , the type of jesus christ . moreover , even now under the gospell in our baptizations of infants , our ministers use consecrated water and sometimes common basons without any scruple , or offence , and yet wee cannot deny , but that there is great honour due to that sacred ordinance , as to the laver of regeneration it selfe . neither do these doctors that fight so violently pro aris , seme at all to regard , what honour wee ascribe to any other kind of sacred utensil whatsoever : nay i think if the patin or chalice should bee unconsecrated wherein the body and bloud of our saviour is offered , they would thinke it little to bee regarded . the honour and sanctity of the lords day is of late much lessened , as if there were not the same relation in times , as in places , and i feare that this swelling of altar-worship in the church may grow as fatall to religion , as the swelling of the spleene does many times to the body . but i desire these doctors to consider that god ha's expressed himselfe to bee a jealous god in such cases as these , more then in any other sinnes whatsoever ; nay in other offences hee proclaymes himselfe to be long suffering , and patient ; but in the sole fruition of his worship and adoration he professes himselfe jealous over us , and apt to take offence against us . does he not declare himselfe to the israelites , as if he did purposely forbeare to appeare to them in any outward apprehensible forme , and similitude , that they might not adore the same ? i pray what can be more worthy to bee adored in the whole world , then such a representation ? what relative instrument can bee so holy , as the ocular dispensation or sensible displaying of gods most inscrutable essence , in what figure soever it was opened to the eye , or eare ? yet god wee see was not delighted to be so worshipped by the meanes of any such externall instrument : but he did rather avoyde , and refuse such bodily worship , and did deny gratious apparitions , that they might not remaine in the mindes of men as instruments of devotion ; and if god did not affect to bee adored in any heavenly resemblance of his owne apprehended by any humane sense , ( all such apprehension being utterly unworthy of this infinite majesty ) why should wee imagine that it can be pleasing now to him to be adored in a stone-altar , or wooden table : but all our altar-patr●●s doe not make this their ground of worship , that the altar is the same now , as the arke was formerly , or that the table is solium christi , wherein christ is supposed to sit majestically , and gloriously : for this will be very hard to bee proved : and i thinke the papists are scarce so grosse . m ironsides ground is , not that god doth reside in the table , as in the mercy-seate , but that he is there strangely and efficaciously commemorated : wee worship not ( saith he ) the table , nor any thing set upon the table , but christ , as the messias slaine ; for the table is only a memorative instrument , unto which the assistance of grace is never fayling , either to beget in our mindes thoughts of christs death , or to extract from us a worship of him , if wee bee not wanting to our selves . he cites cajetan , thomas aquinas , and gerson to prove that the learnedst of papists hold no more . so then doctor lawrence is confuted out of the papists themselves , if he worship the table for gods sake relatively , or together with christ without abstraction , this is idolatrous . the ground of this opinion is , that consecratio non tantum est opus , sed efficax . god is in a speciall manner present in consecrated things and places to assist us , and stirre up devotion in us , if wee resist not his assistance , so that though they have no reall quality of holinesse , or vertue in them , yet by their very consecration they gaine a certaine fitnesse to stirre up holy thoughts . but in the first place , if the meere act of consecration be so peremptorily vigorous , ex opere operatio , yet this concludes nothing for adoration . the words of the evangelists relating the passion of our saviour , and the sermons of good divines have more then an aptnesse of commemoration in them , yet wee worship not either the gospells , or the preachers thereof . it a meere memorative aptnesse bee maintained , and that to bee all the ground of our worship , then why shall not all things of the like nature procure from us the same adoration ? if i looke upon a crosse , or picture , or upon the sunne , or moone &c. and by that memorative aptnesse which is in them , finde thoughts of reverence and piety begotten in mee , why shall not i ( according to the doctors advice ) embrace all occasions and furtherances of devotion , and so fall downe before them ? and if more then a memorative aptnesse bee maintained , and some higher vertue transfused into an altar meerly by its consecration , then into other things wee desire further proofe thereof . secondly , if consecration bee admitted to bee so infallibly vigorous , as to imply gods holy presence , yet this claymes worship not only to the altar , but also to the font , and to all other consecrated things , places , and times , and this involves us in many doubts . for if i must worship at the altar more then at the font , or more then at the first view of the whole fabrick , yet how much oftner , how much more must i worship at the altar , then in other places ? the consecration of the whole building has vertue to beget pious thoughts in mee , when i first approach it , and i finde in mee a holy commemoration , must i now stay my worship till i come to the altar , there to expect yet a more vertuous commemoration ? or must i bow at my entrance with lesse reverence , and then bow more lowly at the altar afterwards ? what must be the severall measures of my worship ? thirdly , this worship by way of motive is not agreable to that of the jewes , for daniel in his worship remembers that house wherein god was dreadfully 〈◊〉 strangely present , and so directs his posture ●●●●dingly : but the house of god is no motive inst●●ment to him to remember god , and therefore 〈◊〉 relative object , or occasion of his devotion , if 〈◊〉 papists had the same grounds for their adora●●● as daniel had , they would worship their altars 〈◊〉 images at as great a distance , as daniel did the j●●ish temple being a captive at babylon . but now as the occasion , so the nature of their worship is farre different from the jewish , and by their 〈◊〉 downe before present objects only , it plainly appeares , that they make those present things , 〈◊〉 only the occasions of their posture , but even the objects of their adoration it selfe , i wish therefore our doctors would not mingle so far with 〈◊〉 as they doe , or if they will , yet they would 〈◊〉 speak so upbraidingly of those which feare to 〈◊〉 the like . i will not say they are in the gall oh bitternesse , but their invectives witnesse too 〈◊〉 that the gall of bitternesse is in them . 〈…〉 against satan , though all evill might 〈◊〉 beene said , said none ; but satan having nothing justly to object against michael , yet forbare 〈◊〉 evill . i wish the doctors hereafter would rather ●●●tate michael then satan . impri●●●●edw : 〈◊〉 . . iuly . . finis . mr. william wheelers case from his own relation. parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) mr. william wheelers case from his own relation. parker, henry, - . wheeler, william, th cent, attributed name. p. s.n., [london : ] caption title. anonymous. by henry parker. also attributed to william wheeler, civil engineer. -- cf. bm. annotation on thomason copy: "jan: . by hen. parker esquire.". place of publication from wing. reproduction of the original in the british library. eng wheeler, william, th cent -- early works to . robinson, henry, ?- ? -- early works to . hydraulic engineering -- early works to . a r (thomason e _ ). civilwar no mr. william wheelers case from his own relation.: parker, henry b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion mr. william wheelers case from his own relation . having been imployed in norfolke , suffolke , and some other countreys , as engineer for sea-breaches , drayning of fennes , architecture , plantations , &c. i found that the name of a traveller , and the forrein acquisition of skill did adde that credit and repute to artists , which no native is allowed in his own countrey amongst his own kindred , and acquaintance : whereupon i took the resolution to imbarke for holland , and there either to improve my abilities , or the value of my abilities by conversing with strangers . being arriv'd there about christmas , . i spent some time in passing from place to place , viewing the mills and water-works of that countrey , and it soon appear'd to me , that there were great defects therein , which i ( god assisting me ) by my own inventions was able to alter , and amend to the exceeding benefit , and profit of the states . by the advise therefore and assistance of sir william boswell ( to whom i addressed my self first , as being his majesties resident in those parts ) i made propositions to the states generall with some overtures of my particular inventions , and did refer the same to ocular demonstrations , and publick experiments . the propositions were entertained , and proofs by plots , and models were demanded ; but because the benefit of my undertakings would arise to so vast a revenue , if i could accomplish them ( as was obvious to every common understanding primâ facie ) therefore i was the more distrusted . the heads of my propositions were : to draine ; or to drowne lands ; to raise great waters to reasonable heights , from three foot to six , &c. to raise reasonable quantities of water to great heights , and both these ▪ cheaper by one half then before , and double in quantities , if not more . likewise to bore timber with a wooden augur , bigger and cheaper : to put and drive great piles into the ground without beetles , or the usuall moliminous instruments of contusion . and lastly , to raise , and carrie from place to place all ponderous weights more easie , and cheap , then had ever been yet discovered . within the space of half a yeer some small models were perfected , and view'd by three of the states generall at the l. rippedays house ( he being one of the said commissioners appointed for that purpose ) and publick approbation was given thereunto . in june , . i had a patent granted by the states generall for the putting in execution , and for the sole usage of those my inventions for twelve yeers : and in july following i obtained an other speciall grant of the same from the states of holland , and west-freisland . after this i began to frame bigger and larger engines , and in september following , i gave proofs of their efficacie , and operation in publick , at the hague ; and then it was manifest , that as the models did more then answer my promises , so the engines did more then answer that which was expected from the models . the prince of aurange upon a sight of my models graced me with a present of guilders to buy me a payre of gloves ; and afterwards when the force of my engines was openly tryed at the hague , the states generall gave me guilders as a testimony of their liking , and allowance . my engines were various , of severall fashions , and for severall uses , so framed that they were easily portable , and removable from place to place , readily to be erected anywhere in a little time . one of these engines tryed its efficacy upon a graft or mote at the hague in the presence of divers of the states generall , as also of holland and west-freisland , and the lords of leydon having severall artists with them out of severall other towns , and at that time it carried a thousand barrels an houre being moved onely by the hand of one or men raising the water to foot or more , and greatly satisfying all spectators . for my further encouragement also in jan. , my patents were renewed from yeers , and a prolongation to was granted ; and the words did mention that the inventions were new , never before practised by any , and that they were of publick benefit , and therupon a greater penalty was added against all such as should trespasse upon me by imitating , or using the same to my prejudice without my leave . but presently upon this the scene began to change with me ; for whilest i was uncredited , i was below envy , and so i found offices of friendship from many , and no ill offices from any ; but as soon as i had attained to any belief , and so to eminencie , by abiding the test , both my skill , and the incredible advantages which seemed to attend the same , drew upon me infinite enmities , and oppositions . this neverthelesse i must observe , that my chiefest adversaries were such , as were my own countreymen , such as i expected most friendship from , such as i had most intrusted , or most ingaged ( as i thought ) by my service , and credence , and so by consequence had most power and opportunitie to undo me . and that i may not asperse any unjustly , this shall be a particular account to the world , what sir rob. honywood , sir will. boswell , mr. gwyn his secretary ( and some others his servants ) what palmer my sollicitor , robinson my man , one horne the fabrick of leydon , but of english extraction ; as also one sasse a game-keeper to the prince of aurange , with divers other under-instruments have done to ruine me , hoping to wrest out of my hands thereby either the honor , or the profit of my performances . the first mischief which encountred me in the heat of action , whilest i was industriously pursuing my infant contrivances was this : as i was one evening going home to my lodging in the company of cap. lucas , upon the spie-bridge i was assaulted by two of the prince of auranges servants ( and some others of his guards ) and others about in all , and in this unexpected fray cap. lucas had two deep cuts in the head , i had one stob in my body , and by the same lost the use of my left arme , never to be recover'd , both of us were left for dead upon the place , and for nine dayes after , there was no hopes of life in me . the assaylants fled presently to colenbury for sanctuary , and those of them which were the princes servants , as soon as his highnesse had notice thereof by the beating of a drumme were sommon'd home , and very nobly satisfaction was orderd to us ; but after moneths suite in that cause ( though the delinquents were condemned both in the hagues court , and the court of holland ) and guilders were particularly adjudged for my dammage , yet i could recover nothing , but lost my time , spent my money , and became daily further intangled in more and more troubles , and contestations . whilest i lay in the greatest extremitie of my hurts , not able to take any order for my affairs , the afore-named sasse , of whom i had rented some roomes for my engines , and works , sent to me for such an exacted summe of money , or else to throw my engines , and works out of doore . i was not able at that time to procure the money , sir will. boswell denied me the loan of . li. to prevent this mischief , though formerly upon my bond he had done greater courtesies , and so my works were broken , thrown out , and exposed to the view of all men . these troubles also brought me into the acquaintance of sylvester , and one palmer , who undertook as my sollicitor , but secretly were traytors to my proceedings , and such as under hand wrought my over-throw many severall wayes long before i began to suspect them . the next potent adversary i had to grapple withall , was horn the survey or fabrick of leydon ; and he being present at the hague with my engines were first proved before the lords of leydon , and many other of the states , and by some secrets which i had communicated to him , and by the help of some of my workmen , whom he had inveigled to his service had most opportunitie to stand in competition with me ; for i was not onely overcome by his insinuations at first , and won to some confidence in his friendship , but also i was necessitated to lay my art the more open to him , and some other fabricks , upon whose judgements the states relied , that by satisfying them , i might convay satisfaction to those which imployed them . i was now therefore put to a vexatious , and expencefull triall before the lords of leydon , after all my former experiments in publick , and my severall octroys granted thereupon , to evince again the noveltie , raritie , and commoditie of my frames , and mils : and by this means i was forced to send to divers places for attestation , and for some forms , and works , which at last by a double operation visibly disproved hornes pretences , and in the judgement of all gave me the victory . neverthelesse horne would not so desist at leydon , but in opposition to my patents , did make use of my inventions , whereupon i brought my action upon my octroyes , and at last though with much difficulty , did overthrow him , and get for damages li. which r●binson my man compounded without my privity and consent for guilders in part . this placed me above all open attempts , or controversies in law , but the more i was secured by publick justice , the more i was envied , and made the mark of treacherous conspiracies . in all places i had quarrels urged upon me , at all times i found snares spread for me ; eleven severall bargains i had m●de for the erecting of my mills in eleven severall places , but all were frustrated by letters sent from the hague , directed by i know not whom : and now as these disasters had brought me into great wants , so my extreme wants ingaged me still further into many worse disasters . one maine disadvantage that my indigence brought me into was the acquaintance of robinson who by accommodating me with some moneys ( yet payed after ) in my necessities , and making himself officious to me when my fortunes were lowe , got into my service , and good opinion , and by that means after proved a fatall traytor both to me , and all my designes . this fellow held correspondence with palmer , & both of them incited sir willam boswell against me , and by the correspondence which they both held with sir will . boswell , and all the rest of my enemies i found my self every way surrounded , and cut off from all escape . robinsons part was , to discover my art , to practise it himself , to reveal it to others , to grant licences without my knowledge to my prejudice , to compound with defaulters without my leave to my losse , to impute his own failings to the imperfection of my works , to combine with my greatest adversaries . palmers part was , to confound me in matters of law , to cast me in all courts of justice , and particularly to create new enemies , as sir will . boswell amongst the states , and sir rob. honywood at the queen of bohemias court . he had failed in england of a monopolizing patent for steele , and therefore he depended now upon his shifts beyond the seas , and was a profest enemy to all men more ingenious then himself . one mr. hobart ( to my knowledge ) made a new proposition in holland for brewing , baking , &c. without smoke , and with lesse expence of fuell , &c. and had prospered in his fair , beneficiall designe had not this palmer enviously quash't his proceedings . with the same impudence also he came to me , and told me , that i sought to ingrosse too vast a revenue : and that if i would admit him to partake , i should prevail : otherwise not . his jeer was this , mr. wheeler , i can stop your wheels at my discretion : if i say to sir will : boswell they shall move on , they shall : if i say , he shall forbid them to move ; they shall not dare to stir . sir ro. honywoods part was , to exclude me of all favour at court , and therefore divers times he commanded me to avoid the presence , and once he set irish halberdeers of the queens guard to fall upon me , who accordingly did not onely deny me accesse , but also tore me by the haire of the head , and this they confest they did by sir rob. honywoods command . he became also an adventurer with robinson and palmer , and did disburse ( as i have heard ) li. in assayes , and trying to bring some works ( begun by me ) to perfection , but all proved frustrate , and successelesse . but the most powerfull of all those aspects which boded ill to my fortunes was sir will . boswell ; and as ( i am confident ) without his concurrence all my other opposites could not have so far opprest me ; so without their instigations , he would not ( i perswade my self ) have entertained any thoughts of ill towards me . howsoever long it was before i could be induced to think , that sir will . boswell had ends upon me , much lesse such extreamly avaritious ends , such as nothing but my utter ruine could satisfie . but my eyes were by degrees opened ; for first i perceived he gave too much eare ta my worst enemies , and then in the patent for england which he procured for me i saw he had put in his servant cropleys name , and that device ( besides other competent rewards ) cost me li. to compound . a patent likewise for ireland was promist me , but i have it not , and i hear t is granted in sir williams own name , and reserved for his own use : lastly , my patent for holstein , and denmarke , is still deteined in his own hands . i found moreover that by some dangerous questions put to me at some-times about my pedigree , he was not without some aymes of having my life at his mercy by the stroke of the law , if need were . my necessities made me upon an occasion become a suiter to him for the loan of some moneys , but the conditions proposed by him were strangely rigorous , insomuch that in a jesting manner i askt . him , if he were good at drilling . hereupon he grew much inraged , and causing his servants to lay violent hands upon me , he disarm'd me first , and then broke my head to the skull ; spurned me with his foot , and offered divers other ignoble indignities to me in his own house . about that time also i was reduced to so pinching extremities , that for dayes ( besides gods infinite mercy ) i had no more then stivers to preserve me from famishing : and which way soever i turned my self for relief i found my way blockt up with difficulties , so evill an eye there was over me , that i was prevented of trust , nay my very pawns were refused , and could not be taken . farre was i now from proceeding in my fabricks ; those mils and frames , which i had begun , and perfected with great trouble , and expence , i could not keep : after my goods and materials had been part broken , part stolne , part thrown into the streets by the exaction of sasse , when sir wil. boswell refused me li. to save them , i had built a place my self in a peece of ground belonging to one of the lords in the town , thinking to secure my engins , & utensils from further violence , but the place was soon broken open , the boards were taken away , the mils were spoiled , and no remedie could be procured . my fortune was also to take two of the theeves in the manner , whereupon with my sword in the scabbord i strooke them , not knowing how to bring them to condigne punishment : but they presently escaped from me , and scarce any thing ever proved more mischievous in the event then this revenge of mine so taken upon them : for not long after as i was walking in the backside of the town , by the moat that runs by the princes garden , being alone and unarm'd , i was incountred by the same two theeves ( as i conceive ) and about more , who with spades and shovels and other weapons fell upon me and cruelly wounded me , so that to save my life i was inforced to take the moat and to dive to the bottome for brickbats to defend my self . at my rising out of the water one of the princes fishermen ( who had been a ring-leader before in the other fray upon the spie-bridge at that time when i was wounded with cap. lucas ) took hold of my haire and kept me down in the water , under his boat untill i was almost spent ; and then pluckt me out half dead , as if he had been courteous in saving me . being drawn out so wet in a cold season , and so hurt , by the help of robinson , who then appear'd , i got home to his house not farre distant from the place , and there shifted my cloths . but the said robinson and his wife by that opportunitie got my keyes out of my pockets , went to my lodging , ransackt there my trunks , took away divers models , and secrets of value , together with some attestations concerning my businesse , as also other writings , and an ancient pedigree of my grandfathers , out of which they eraced divers names . some of these they carried to sir wil. b●swell ( for i have my self seen them since at his house ) the rest they kept , or dispersed into divers parts of the countrey , is knowing that they were proofs to difference my works from other mens , and to manifest the noveltie , and rarity of my inventions . for about a fortnight also during my abode in robinsons house , whilest i was weak the house was much visited by some of the queen of englands trayne , who were very desirous often to converse and drink with me , and i accordingly did severall times gratifie them with my company . amongst other conference they invited me to undertake the charge of an engineer in the warre against the english parliament , making me beleeve they did expect great and eminent service from me , if i would accept of imployment : and when i was not inclining thereunto , they endeavoured to divert me some other way , offering me imployment in brabant , and solliciting me also much to turn my religion . these propositions taking no effect with me , i found cause to suspect that the cups wherin i had drunk in their company had been secretly mixed with some veneficall or magicall ingredients , for i found my self strangely driven into fits of lunacie , and not onely distempered , but also tortured both in body , and mind . my understanding neverthelesse did not wholly depart from me , and therefore i demanded my keyes of robinson , but could get no other answer , but that they were delivered to sir wil. boswell . i desired then that a new lodging might be taken for me in some place more convenient , quiet , and neerer to my works then my former was : wherein robinson promist presently to accommodate me . upon this pretence he went forth , and at his return in the evening he undertook to wait on me ( having an other in his company ) to my new taken chamber : but i suspecting no plot or treachery in him was led into a dulhouse or bedlam . as soon as i had entred the chamber robinson and the other stept suddenly out , and the doore was lockt , and bolted upon me , and i was there left alone inclosed to be treated as a man utterly mad , and raving . the place was solitary , and far from resort of people , and as i had no hopes of any help but by calling out aloud , so my loud calling or hollowing was interpreted as the symptome of my distraction . seeing my self remedilesly thus lost to all the world , but such as had conspired my destruction , i betook my self to god , and submitted my self to be removed from roome to roome , and to be ordered in my diet , and other things as they pleased , and for nine moneths space the miseries of my martyrdome was exceeding sharp , and exquisite . mr. gwyn with other of sir wil. boswels servants , and my man robinson came upon visits often to me pretending to pitie my lunacie , and to do charitable offices ; but their common practise was to force potions upon me which my nature abhorr'd ; and when i could not chuse but be reluctant to them , five or six at a time of them fell upon me with clubs , and staves , using inexpressible cruelties till i had drunk them off . after i had drunk their compositions i was possest after an unheard of manner , but these reasons make me think that what i did and suffered in my fits were not the effects of meer phrenzie , but some diabolicall art , and sorcerie : for first , my senses remained so with me , that i my self sensibly condoled my own condition : and held my self as a slave under those commands , which i would fain have disobeyed , but could not . secondly , i was never subject to the like ravings before that time , or since . thirdly , my yard did begin to be drawn up into my belly , my hands , limbes , and whole body was contracted , or benummed , or some way tortured , till i did act , and speak according to the commands which were upon me : the force thereof broke out of my flesh , brought my nails from my fingers , and almost my eyes out of my head , and this is not the operation of that , which physitions call laesa phantasia . fourthly , divers odious sents almost poysoned the roome to the taking away of my breath , and leaving me neer suffocated ; as also divers spirits in antick forms appear'd to me in dances , and one in the likenesse of a cat kept neer my roome , and for divers moneths removed not till i had acted all those parts over , as they thought fit . some things i did as a playstrer ; some as a bricklayer , some as an other artist or tradesman , doing all things in all arts whatsoever : sometimes i was constrained to declare my religion , sometimes my affection to that countrey , and i could enjoy no quiet at all till i did obey in all . fifthly , these charms most especially inforced me either to discover the secrets of my profession , and that ability and knowledge which was requisite to the finishing of my works : or else to use violence to my self , by running my head against the wall , or otherwise . but in these two the mercy of god most admirably fortified me : so that i did conceal my chief skill , as knowing that then they would no longer let me live : and whereas they had fixed nayls in the wall purposely for me to beat my head against , i did knowingly avoid the same . sixthly , some things were done by my hand at that time which no mortall man naturally could do , much lesse could i being under lunacie , for when they had set paper and pen and inke beside me , i wrought half a quire of paper in an houre , and drew some mathematicall lines without instruments as exactly as if i had had instruments . seventhly , whereas i was inforced to eat my own dung , and drink my own water , to sit stark naked in the bitterest frosty nights of winter , and to take some purgations when my body was empty , and so could void nothing but blood upwards , and downwards , i yet overcame all these things , and came off with life which ( i think ) none could have done , that was not miraculously preserved , as well as diabolically tortured . nine wofull moneths of martyrdome were now run out , and yet the faculties of my memory and intellect were not wholly broken , though much weakned ; and now robinson and palmer who during my imprisonment had conspired with sir robert honywood to imitate my works , and usurp them as their own , saw their skill failed , and their hopes frustrated therein . li. or thereabouts had been disbursed by them in new assayes , and in trials to perfect some works begun by me , and operate without me , but all would not do : and therefore t' was thought fit that i should be again inlarged , and incouraged to accomplish those things , which they could not . some things therefore upon my release i did bring to expedition , and some engines of my own which were of guilders in their hands , i did make serviceable , and sold for a thousand guilders to an understanding engineer , one captain flood , but i would not be induced to assist robinson the traytor in any of his works , or such as belonged to his confederates . being at liberty also i travell'd about in the countrey to observe what imitations of my works had been made , and i found that in divers places they had attempted , but not perfected the same , yet at leydon and some other places by my inventions , and the advantage of some of my models taken out of my trunks ( as aforesaid ) they had brought some works to a good perfection , even to a double improvement of what they had been before . i was resolved therefore by one addresse more to sir will . boswell to make one further attempt in the reviving of my businesse , and in order thereunto about march . i put my self upon his friendly assistance as my utmost refuge , and desired his favour to procure guilders for me , but his conditions proposed were extreame , and rigorous , and no lesse then a totall forfeiture of all my fortunes was inwrapped in them . hereupon i plainly perceived , it was absolutely impossible for me to grapple with so many disasters , conspiracies , injuries , necessities in a strange countrey , having at court , in the city , in the countrey , every where malicious , subtle , perfidious enemies to crush my hopes : and so in april following i set sail for england . since my arrivall here , i understand vast debts are in my absence charged upon me in holland , the greatest part whereof were incurred by my sicknesses , or wrongfull imprisonment , or by robinsons false accounts , ( skores which he has wrongfully set upon my head ) or by other mens unjust pretences , wherein i am condemned without being able to make defence , or wage law . and now for these debts my patent ( taken from me when i was in the dulhouse ) & all my right is by publick order sold , and disposed of as i hear . for a further prosecution also of so dejected a helples a man , lest i should hereafter recover breath , or strength to rise again , i am still pressed by sir wil. boswell in his letters to mr. bullen here in tower-street , and to others of his correspondoes : he still cuts me off from all hopes of future recrutes by disabling my credit , vilifying my works , disparaging my abilities , and depraving my intentions . this being my hard case truly stated , and faithfully represented and since it appears hereby , that as my past sufferings have been beyond the strength of such a man as i am , so my future oppositiones are likely to transcend all ordinary resistance : i make it my most humble submissive request to the high and mighty states , that they will by a publick , extraordinarie hand of justice afford me a redresse , and support suitable to the nature of my unequall'd grievances . two things i undertake to make sensibly demonstrable : . that the water-works in the netherlands have been exceedingly improved to the great publick advantage of the united provinces by my discoveries , since the publishing of my inventions in . . that for the time to come , if due incouragement and means may be allowed me , i will ( by gods assistance ) yet bring to further perfection , and doubly advance the same water-works as they are already improved , and for a further addition also make a new discovery of some other works , and engines which shall be of rare use and service to the publick in experiments of an other nature . if these overtures be thought worthy to be taken into consideration , i desire the conditions and proceedings thereupon may be managed with sufficient caution on both parts : if these things seem of light credit , yet thus far i have strived to be true to my own honor , and to do right to a most honorable and faire cause . an appendix to the late answer printed by his majesties command, or, some seasonable animadversions upon the late observator and his seaven anti-monarchicall assertions with a vindication of the king and some observations upon the two houses. parker, henry, - . this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (wing p ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing p estc r ocm this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking 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(eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (early english books, - ; : ) an appendix to the late answer printed by his majesties command, or, some seasonable animadversions upon the late observator and his seaven anti-monarchicall assertions with a vindication of the king and some observations upon the two houses. parker, henry, - . , [i.e ] p. [s.n.], [london] : . reproduction of the original in the bodleian library. with: animadversions upon those notes which the late observator hath published upon the seven doctrines and positions which the king, by way of recapitulation (he saith) lays open so offensive p. [i.e. ]- [i.e. ] eng great britain -- history -- charles i, - . a r (wing p ). civilwar no an appendix to the late answer printed by his majesties command, or, some seasonable animadversions upon the late observator and his seaven [no entry] b the rate of defects per , words puts this text in the b category of texts with fewer than defects per , words. - tcp assigned for keying and markup - spi global keyed and coded from proquest page images - melanie sanders sampled and proofread - melanie sanders text and markup reviewed and edited - pfs batch review (qc) and xml conversion an appendix to the late answer , printed by his majesties command : or , some seasonable animadversions upon the late observator , and his seaven anti-monarchicall assertions . together with a vindication of the king , and some observations upon the two houses . printed anno dom. . seasonable animadversions upon the late observator , and his seaven anti-monarchicall assertions . it is usuall ( i know ) for books to have prefaces , and playes prologues ; but whosoever peruseth this , must expect nothing but concise reasons ; forasmuch as vnusq●isque suo sensu abundat , so let him reflect and censure of this at his pleasure . the observator , pag. . saith , that power is originally inherent in the people , &c. to this the answer is , that power is in god primariò & per se , according to that of the apostle ; rom. . and in the king or people , but onely secundariò & derivativè : power or dominion is not a gift of nature , that is to say , naturally inherent in us ; for if it were , then might all men have equall power , for that by nature we are all equall ; but power is a gift of god to nature , and is gratia gratis data ; and yet power is congruous in nature , as was the power of king , and office of priesthood in melchisedec : for surely he had them both given , or appointed to him by god , being by interpretation king of righteousnesse , and king of peace , heb. . . and therefore it is not likely that he usurped to himselfe the regall title of king , no more then he did of being priest ; and yet it was very probable that it was also agreeable in reason and nature , and although not tyrannicall , yet peaceable kingly reigne , and sacred priesthood did fitly belong to him : for he is by most divines thought to have been sem , the eldest sonne of noah ; and by the law of nature , of moses , and of most nations , the eldest is to inherit ; so that what was the right of adam , seth , and noah , might belong unto him by birth-right , although it may be god confirmed it unto him extraordinarily . but to returne , power and dominion is derived from god , and congruous in nature : but the power is in the people onely , when they are absolutely free to chuse to themselves what forme of government they please , as were the jewes before they subjected themselves to kings , being formerly freed from the bondage of egypt by the finger of god . the romanes when they erected their senate and consuls , having rebelliously ( for it was no better ) shaken off the yoke of kings . the venetians , when they first instituted their common-wealth . but in monarchies , where the people have been brought into subjection , either by the sword , as in turky , persia , and the like ; or by innate , and prescribing , and prevalent authority , as in florence ; or by both , as in france and castile ; in these dominions power is not inherent in the people , but in the prince . and although some hereditary monarches are more limited then others , as is the king of france more then the great turke , and the king of england more then the king of france : yet is their power derived immediately from god , and inherent in themselves , not in the people : for those limitations are ( in conquered nations ) but mere donatives of grace , proceeding from the prince or his successors to the people , touching certaine immunities and priviledges ; so that the prince his power is the efficient cause of them , and such immunities or priviledges are but as materiall effects . now as it is most improper to say , that the effect should cause his owne cause , so is it to say , that a priviledged people should cause the princes power , or that power should remaine originally in such a priviledged people . some nations elect their kings , or princes , and restraine them far more by conditionall inaugurations , then hereditary monarches are , or ought to be restrained or limited : yet have not such nations power in themselves totally , but onely partially ; that is , they have power to conditionate with their kings or princes , how farre forth they will be subject , and by what rules they will be governed ; but they have not power to conditionate with their kings or princes , that they will only be subject at their owne pleasures , and as themselves shall thinke good ; that is to say , if they please at any time to assume more liberty unto themselves , and to alter and disanull former constitutions of government , that they may do it without the consent of their kings or princes . this they cannot doe without treason to their crownes or diadems : for although the persons of such princes be elective , yet is their power permanent , jure constituto coronae ; which though they claime not as from progenitors , yet are they invested therewith as from predecessors . and therefore being enthroned , they enjoy their dignities by prescription ; that is to say , what belonged to their predecessors ; belongeth in the same manner to them , being once invested ; nor can such nations revolt from their elected princes , without being reputed rebels . now of this nature are the kings of poland , hungary , and some other ( to speake nothing of the duke of venice , for he is meerly titulary , and a cypher ) and such kings first and principally claime their authority from god the author of all power , who enspheareth them in the orbe of dignity above others . and secondly , they acknowledge it from the generall consent of the nation , which made choyce of them , and over which they rule . and surely such was the right and title of saul , the first king of israel : for he was appointed by god , sam. . . then anointed by samuel , chap. . v. . afterwards approved by the people , ibid. vers. . and finally , confirmed in his kingdome , chap. . vers. . and in the same manner was david likewise established in his kingdome ; so that their first and chiefe claime was immediately from god , and their second from the consent of the people . nor is it of any consequence to alleadge , as the observator seemeth to inferre , pag. . that those kings had an extraordinary institution from god ; and therefore they might more lawfully claime their right , as appointed and appropriated to them by god . for to such allegation it will be answered , that there is no power but of god , rom. . so that whether god institute kings by extraordinary , or ordinary meanes , it maketh no matter . for although saul and david were instituted extraordinarily by gods speciall appointment ; yet most of the kings of judah and israel reigned afterthem but by ordinary succession ; had they not therefore the same power that saul and david had ? surely the scriptures tell us they had . the priests and prophets in the old law had an extraordinary vocation , especially the prophets : the priests or ministers of the gospell have but an ordinary vocation , are they therefore defective in power to those of the old law ? or have they not their vocation from god , because they have not extraordinary calling ? surely no . for how could sacraments be administred , and the word preached ? so is it with monarchs : for though they have but ordinary succession ; yet is their power immediately from god . our soveraigne is a free ( though in some things a limited ) monarch , and derived therefore his power immediately ( not mediately , as do other inferiour ministers of justice ) from god . and as touching limitations and priviledges , they are nothing else ( as is aforesaid ) but acts of grace conferred on this nation by his majesties predecessours in severall ages , and at severall times , and some of them lately by his majesty himselfe , as the continuation of this present parliament , the abolishing of the starre-chamber , and high commission censures , and the like . but these priviledges , and others granted to the subjects , dis-invest the king of no primary , or birth-right-royalty , but onely oblige him in honour to observe them as covenants . a lord purchaseth a mannor for himselfe and his heires for ever ; his sonne and successors grant certaine franchises to the tenants , and oblige their heires for ever to performe them : so the tenants live-in a more free state and condition , then they did in the first purchasers dayes ; and paying their rents , and performing their services , they are not altogether subject to be turned out at the pleasure ( or rather displeasure ) of the lord ; but doth this franchisement or freedome of theirs , cause the lord to derive his right or title from his tenants ? law and experience tels us no . and this is our soveraignes case ; the conquerour by his sword , or by deed of gift , or rather indeed by both , came in as a purchaser of the kingdome of england , for himselfe , and his heires for ever , and by the law of conquest had power to have made greater alteration in the state then he did , and to have induced what forme of government he had thought good , even as the king of spaine hath done in navarre , and the west indies ; yet hee did not , but onely imposed some hard things , as the having of lawes in the french tongue , which the people generally understood not , cover-fue-bell , and the like : his successours afterwards did immune , and ease the people from such grievances , so that they lived , and live at more liberty , and enjoy more securely their liberties and properties . but do therefore such immunities granted to the people , cause the king to derive his power and right from the people ? the lawes and customes of all nations and kingdomes that live under monarchs , tell us no . the ancient and present monarchies of the world being sufficient witnesses thereof , besides the dictamen of scripture , and reason already inserted . the observator , pag. . saith , that it is an errour in some princes , to strive more to be great over their people , then in their people . it may be some princes have committed such an errour ; but withall let the observator take notice , that it is convenient for a free prince to be both ; that is to say , to have them wealthy , and yet obedient subjects : for if he be onely great in his people , and not over them , hee may resemble the now roman , or german emperor , or the ancient kings of france , the one whereof is daily in danger to be disinvested by commotion , & combinations of his princes ; the other were heretofore almost continually molested by factions of their peeres and people : and sure the french themselves have greatly occasioned the heavie burthen of divers tributes and impositions which they undergoe : for they ever and anon rising in armes against their king , gave him occasion to enslave them the more by his reconquering of them , or reducing them into his obedience , so that had they subsisted in due allegiance , 't is likely their king had been as equally great over as in them ; which equality , or parity in government , is ( no doubt ) the most happy and blessed co-union that any prince and people can enjoy . the observator telleth us in the same page , that the king , though he be singulis major , yet he is universis minor . but why so ? the head naturall is not only singulis , but also universis membris majus dignitate , ( though it may , 't is not so in universis , as shall be by and by declared ) for the head hath in it selfe all senses , other members receive from it , but feeling only , and motion ; the head governeth and directeth the whole body , and is therfore in dignity more noble then all the members of the body considered together : and yet though it be more noble and excellent then them all ; ( for as much as motion and feeling dimane from the braine , which is in the head , to them all ) notwithstanding in universis , in all things , or faculties , the head is not more excellent then all the members ; for the heart is the seat of life ( according to most philosophers ) being primum vivens , & ultimum moriens , and from it proceedeth naturall heat ; the stomacke likewise administreth sustenance , and aliment ; the feet goe , and the hands worke , and without them the head cannot subsist , yet are they all subordinate to the head : and even so is it , or ought it to be in the body politicke , unlesse we must beleeve the observator , who in his . page saith , that the head politicall receives more subsistence from the body then it gives , &c. but by his leave , if priviledges and immunities are ( as they are ) matters of grace , proceeding from free monarchs ( for of such the treatise is ) to the people , do not such heads give as much subsistence to the body politicke , as they receive from it ? the observator telleth us , pag , . that edward the first was the first ( whether he were , or not , it is not materiall ) that repaired the breaches which the conquest had made upon this nation ; if so , did not hee , by such his reparation , give as much subsistence to the common-wealth , as he received from the common-wealth , or body politicke ? and do not his successors give likewise as much as they receive , when they conferre the like acts of grace ? surely , hee that considereth rightly magna charta , and all other priviledges and immunities , which now extend to the free-borne people of this kingdome , will finde them first to have proceeded from the grace and grant of our kings : and therefore it is improper to say , that the head politick doth not give as much subsistence to the body politick , as it receives from it . the observator saith likewise in his second page , that id quod efficit tale , est magis tale ; meaning thereby , that the people conferring , as the efficient cause , power on the king , have joyntly more power in themselves . it hath been shewed already , that free monarchs , such as our king is , derive not their power from the people , but immediately from god : but suppose our king did secundarily acknowledge his power from this nation 's generall consent ; as it may be , the king of poland doth acknowledge his power in part from the aristocracie of that kingdome ; and as saul and david did in part from the jewes approbation and consent : notwithstanding , it followes not from hence , that the people are the sole efficient cause of the kings power , but onely the secundary and partiall . now , when it is said , that id quod efficit tale , est magis tale , it is to be understood of entire and totall causes ; but in this case , the people being at the most but the partiall cause of the kings power , the axiome or rule faileth : as for example , the moone being of her selfe a body darke , receives her light ( at least-wise her chiefest ) from the sunne , as from an entire cause ; the sunne is therefore truely said to be more light , being the totall subordinate cause of light ; in this case therefore it is truely said , id quod efficit tale , est magis tale : but the sunne , mediante homine , producit hominem ; & mediante leone , leonem ; & mediante plantâ plantam ; for that the sunne affordeth to all sensible and vegetable creatures an influx of vigour and naturall heat : yet for as much as the sunne is , in the production of these creatures , but a partiall , and not an integrall cause , it were absurd to say , that the sunne were more a man , then is a man ; or more a lyon , then is a lyon ; or more a plant , then is a plant : and so is it to say , that because a king may acknowledge his power in part received from the peoples generall consent , that therefore the people have more power then himselfe . the observator telleth us , page . that the kings dignity was erected to preserve the communalty , the communalty was not created for his service . this is somewhat too harsh , especially if we consider our king to be , in all causes , as well ecclesiasticall as civill , next and immediately under christ , supreame head and governour : such words would have beene better accommodated to a duke of venice , then to a king of england . the jewes , i beleeve , when they asked a king at gods hands , were somewhat inclining to the observators opinion ; for they desired a king for their owne ends , chiefly to judge them , and to fight their battailes ; not well considering , that if they had a king , hee must and ought to have a kingly dominion over them : wherefore god caused the prophet samuel to instruct them concerning the praeeminence of a king ; and , that if they would have a king , a king would be such , and such a man , as is evidently characterized in the first of samuel , chap. . where amongst other things , vers. . the prophet saith , he will take the tenth of your sheepe , and yee shall be his servants : where , by the word will , he sheweth the authority which kings would have ; and by the word shall , hee sheweth the obedience that subjects should have : nor did the prophet speake of some , or to some few onely ; but of all , and to all the people , ( at least-wise to all the chiefest of them ) saying , yee shall be his servants . i desire therefore that the observator , and all his other adherents , would take more speciall notice of this text of the prophet , and that of saint pauls confirmation of this text , let every soule be subject to the higher powers : for , though christian monarches ought not , by the rules of christianity , to tyrannize , or make our sonnes their slaves , or our daughters their concubines , and the like ; as did many of the kings of the gentiles , and some of the jewes ; yet ought they not to be thought so contemptible , as that the communalty was no way created for their service . the observator saith in the same page , that the right of conquest cannot be pleaded to acquit princes of that which is due to the people , as the authors and ends of all power ; for meere force cannot alter the course of nature , and frustrate law ; and if it could , there were more reason why the people might justifie force to re-gaine due liberty , then the prince might to subvert the same . by the observators leave , for his first clause it is answered already , that in monarchies the people are not the authors or ends of power . for the second clause , that meere force cannot alter the course of nature , or frustrate the tenour of law ; that is to say , that meere force cannot captivate and debase a people by nature free , and living under a law of common consent . i suppose the words , cannot alter , should have beene , cannot , de jure , alter ; or ought not to alter , &c. for that force can alter , and de facto hath altered the freedome and lawes of people and nations , is knowne to most men ; histories and chronicles testifying to the world the severall alterations and formes of government which conquerours have induced ; but whether they ought so to have done , is a question . yet should the observator and his adherents take advice , that though in nature there is a parity of mankinde , and therefore dominion may not seeme to be intended by nature , yet god the author of nature , fore-seeing the fall of man , and the depravation in nature , which did ensue thereof intended power and dominion , and that some should bee masters , and others servants ; some command , and others obey ; some should become slaves to tyrants , others subjects to free monarches ; others members of popular estates : and these things god hath ordained by his divine wisedome according to his will , and disposes and alters them at his pleasure : but as for the pot , it ought not to say to the potter , why hast thou made me thus ? it is enough for it to know , that there is no power but of god , and so to be applyable to the use it was made for ; if for honour , to honour ; if for servility , to servility ; being subject for conscience sake : rom. . . of a strange nature therefore are those words , viz. there were more reason why the people might justifie force , to re-gaine due liberty , then the prince might to subvert the same . if this doctrine had beene good , our saviour would surely have counselled the jewes ( when they asked him whether it were lawfull to give tribute to caesar ) to have kept their money in their purses , or to have made up a stock of it , and by force to have sought to re-gaine their due liberty from caesar , and not have bid them give unto caesar what is caesar's . if it be alleadged , that in case christ had counselled the jews so , they would have played the jews indeed , and have accused him of high treason : what then ? would christ have concealed , or did he at any time conceale the truth for feare of the jewes accusations ? when he was conjured to expresse whether or no he were the sonne of god , ( a thing more hatefull to the jewes eares , then the denying of tribute could have beene to the eares of the romans ) christ answered , thou hast said it ; which is as much as yes . but suppose the jewes would have accused him of high treason , in case he had denied tribute to caesar , and that god would not have such a vile imputation as treason laid on the redeemer of the world : yet had re-gaining of due liberty by force beene lawfull , christ might have said , yee may give tribute to caesar , in the potentiall mood , ( in which words no exceptions could have beene taken ) and not have said , give tribute to caesar , or give unto caesar what is caesar's , in the imperative mood . or otherwise , when they asked him , whether it were lawfull to pay tribute to caesar , he might onely have answered them , yes ; but fore-seeing in his divine wisedome , that some indirect constructions might bee made of such a single word as yes , 't is lawfull to pay it , yee may pay it if yee please , 't is not against the law of god , if yee doe pay it , &c. therefore christ bid them shew him a piece of money , and bid them give it unto caesar , informing the covetous mindes of that perverse people , that they ought and were obliged to part with their money and substance to caesar , if demanded as a tribute . but to let arguments of divinity passe , and to induce a few state reasons : if the people may justifie force to re-gaine due liberty , what monarchy , what aristocracy , what popular estate can remaine secure ? the french subjects being in generall oppressed with taxes , may revolt from their king , if this tenet be good ; and so may the spanish : the polish peasants may rebell against the king and their lords , for that they hold them in villinage : and the townsmen and boores in holland , and the pisani in venice against the states , for their imposing on them terrible excizes . this tenet , or position , may quadrate , it may be , with the irish rebels , ( for they pretend by force to re-gaine due liberty ) but never with loyall subjects . and surely this tenet , or position afore-said , is dangerous to all the monarchies and states of the world , yea , even to parliaments themselves , if rightly considered ; and opposite also to the law of god and nations . the observator telleth us , page . that where the people by publike authority will seeke an inconvenience to themselves , and the king is not so much interested as themselves , it is more inconvenience to deny it , then grant it . this is a strange assertion , and against all rule of monarchicall government . suppose ( for a supposition is no fallacie ) that a christian people should generally ( which god forbid ) desire to revolt from christianity to mahometanisme ; should their king grant it ? they seeme to be more interessed then the king , because it concernes their salvation or damnation ; is it injustice therefore to deny it ? surely no ; but most just and acceptable to god to hinder them from it . suppose this nation should in generall ( which god of his goodnesse prohibit ) desire to turne anabaptists and brownists , whereof there are too many already ; is the king bound , or ought he to condescend to their desires ? surely no : but as gods vice-gerent , to oppose such exorbitant inclinations of the people . but if the assertion of the observator be good , pilate seemes to be excuseable , whom the observator condemneth in the page before : for the jewes sought by authority of the priests and elders to crucifie christ , ( an inconvenience enough to themselves ) and instanced a law , and that by that law he ought to die , joh. . . and the jewes were more interested in christ , ( he being their countrey-man , and subject to their lawes , as they conceived ) ▪ then was pilate ; so that according to this assertion of the observator , it was more inconvenience and injustice for pilate to have denyed to the jewes christ to have beene crucified , then to have granted it . judica deus . the observator saith , page . the name of a king is great , i confesse , and worthy of great honour ; but is not the name of a people greater ? the observator must give me leave to tell him , that in monarchies , where there were or are kings , the name of a people neither was , nor is greater then the name of a king : senatus populúsque romanus , ceased to be , and gave place to the name of caesar . the ottoman name at this day , dignifies that great empire subject to that family ; and so doth the name of sophy the persian . the name of the house of austria decorates their dominions ; and so doth that of bourbon , france : and i see no reason but why the name of stewart should doe as much in england . if it be asked , but what availeth the names of these great monarches , without their kingdomes or dominions ? the answer is , that dominions are to monarches , as it were , materiall subjects ; themselves ( from whom their names result ) as formes . now as the forme is more worthy then its matter , so is a free monarch more worthy then his empire , in respect of dignity politicall . and indeed the word monarch inferres as much ; for monarchy is derived from monarch , not monarch from monarchy . but it may be some will instance from hence , that if it be so , the good of a monarch seemes to be preferred before the good of all his subjects in generall , so that a whole kingdome or empire should bee utterly pillaged , wasted , and consumed , rather then his treasures be destroyed . not so : for though empires and kingdomes are but as materiall subjects , and monarches as formes politicall ; yet even as in nature , formes cannot subsist without matter , ( from whose power all formes , except the rationall soule , are educed ; ) so in policy , monarchs cannot subsist without their people , from whose subjection and obedience their power is educed immediately from god , as are formes from matter by nature : the good of both therefore must be consistent together , so that not salus populi alone , as the observator would have it , but salus regis & populi , is the true end of monarchicall government . thus have i briefly answered the observators chiefe arguments , from whence all his other assertions and conclusions are drawne , desireing him and all others , rather to study how to produce reasons for obedience ( where it is due ) to monarchs , then to derogate from monarchicall government : to endeavour how to incline , and not to disaffect ( by nice positions ) the distracted mindes of the people towards the king : to propound prudent arguments which might move the king to accommodate with his parliament ; and not by lessening his authority , to divert him from it . finally , to seeke how to unite the king and common-wealth , and not to dis-unite them by impertinent and invalid conclusions . god of his goodnesse grant co-union ( as much as in this world may be ) betweene our soveraigne and his people , that he may know truely how to rule , and they to obey . animadversions upon those notes which the late observator hath published upon the seven doctrines , and positions , which the king by way of recapitulation ( he saith ) layes open so offensive . position i. that the parliament hath an absolute , indisputable power of declaring law : so that all the right of the king and people depends upon their pleasure . to this the observator saith ; it hath beene answered , that this power must rest in them , or in the king , or in some inferiour court ; or else all suits will be endlesse , and it cannot rest more safely then in parliament . animadversion i. the observator hath contracted his majesties words , but hath kept the sense in more generall termes , and seemes ( though but faintly ) to justifie the position , by approving ( i know not whose answer ) that this power can rest no where m●re safely then in parliament . he meanes the parliament without the king ; if he had allowed the king his place in parliament , i know no understanding man but will easily subscribe , that the king in parliament , or the parliament with him , have an absolute , undisputable power , both to make , and declare law ; and to end all suits of what kind soever , determinable by humane law within the kingdome . and here is the most safe resting of this power ( and here it hath ever rested ) & not in the king alone ( who claimes not that power , but is willing to governe his subjects according to the known lawes ) and much lesse in any inferiour court . but that such an absolute undisputable power of declaring law , as hath lately beene assumed , by the major part of the present sitting parliament , should be resting in them , is neither necessary for the ending of suites , nor can be safe either for king or subject . if they may declare that for a law , a fundamentall law , which never yet was exacted , or had any being ; and deny the plaine undoubted lawes that have beene enacted , or frustrate them by some unheard of interpretation , ( as if such interpretation had been some mentall ( or rather parliamentall ) reservation , laid up within the parliament wals , to be produced upon emergent occasions , by their successours ) they will have so full an arbitrary power , that the right and safety of king and people must wholly depend upon their votes . which power can never be safe , either for king , or people , nor can they produce one president that may warrant such a power . but they are not bound , or limited by such presidents , that 's the second position . position ii. that parliaments are bound to no presidents . observatour . statutes are not binding to them , why then should parliaments ? yet there is no obligation stronger then the honour & justice of a parliament . animadversion ii. if statutes be not binding to them , there is no reason that presidents should be . and he saith true , statutes are not binding to them , that is , de facto , they are not ( for they in some things goe directly against them ) but de jure , they are ; that 〈◊〉 they ought to be binding to them , till they be repealed by the same power they were made , that is , by bill orderly passed both houses , and ratified by his majesties royall assent . and unlesse they can shew better reason then their bare assertion , presidents ( as they are the best warrant , so ) they are , and ought to be the limits and bounds of their proceedings . he might have said as truly , that oathes are not binding to them : and therefore neither statutes , nor presidents , but the observator tells us ( pag. . ) that the oathes of supremacie and allegiance are not endangered , by making the kingdome , & not the king , the proper subject of power . and he yeelds reason for it . for ( saith he ) hee that ascribes more to the whole vniversality , then to the king , yet ascribes to the king a true supremacie of power and honour above all particulars . i wonder what he meanes by a true supremacie of power and honour above all particulars : surely he meanes nothing but priority of place , and height of title ; for hee is allowed little power over some particulars , namely , over the members of either house , and whom else they please to exempt ( as they did serjeant major skippon for his power and commands . ) but this distinction helpes them the members of either house are sharers in that supremacie which is in the universality and above his ; and by the power of that supremacie they can exempt whom they please from the power of this , inferiour ( pardon the phrase , and the absurdities cannot be exprest without a solecisme ) supremacie . very good : but in good sober sadnesse , doth the observator thinke this distinction was thought on by the framers and enjoyners of that oath , or that the members of the house , at their entring the house , did take their oath to the king , as to the supreme over all , with exception of themselves , or reservation of an higher supremacy to themselves , when they should be entred ? it is hardly credible : nor do all ( that desire to tender all due honour to the parliament ) beleeve that they are so the universality , or the kingdome , as the observator presumes . they are trusted by the universality and kingdome , and we pray , that they may discharge that trust , not knowing , but that a multitude of men subject ( every one of them ) to errour , may faile in their judgement , and being not exempted from the common condition of the sinfull sons of adam , may possibly , not rightly discharge the trust committed to them , as well as the king , who is blasted with foule failings and errours , in judgement . me thinks , men that so much detest popery , should not borrow the grounds of their reasoning from them : and i shall as soone beleeve the councell of trent , telling us that they are the universall church , and therefore cannot possibly erre , as that the parliament is the universall , unerring , and unpervertibly just body of the kingdome . and surely , the spirit of declaring must needs reside in a strangely large measure in them , who have power thus to declare , not onely law , but oathes too : a greater , then which the popes flatterers never gave him : and hardly ever any pope assumed so great : quo te constringam mutantem protea nodo ? how shall these men be bound to do right , who so easily untie the knots of these sacred bookes of law and oathes ? why , yes : there is a bond that will do it ; the obligation of the justice , and honour of a parliament . but can any man be sure , that they whom neither law , custome , & presidents of their ancestors , nor oathes can bind , will be alwayes held in by the obligation of justice and honour ? is it not possible that they may ( in time ) finde a power in themselves of declaring that obligation void , as well as they have done the other ? the same obligation of justice and honour , is as strong upon kings , ( and hath ever beene held more powerfull and obstrictive in them , then in any state mannaged by a community ; ) and yet they dare not trust his majesty , though so obliged . the observatour then must pardon me , if i desire , they may rather be held in , ( and hold themselves so to be ) by the old obligations of law , presidents , and oathes , rather then that the kings liege people should be put wholly to confide to that single obligation of the justice and honour of a parliament . position iii. that they are parliaments , and may judge of publike necessity without the king , and dispose of any thing . observatour . they may not desert the king , but being deserted by the king , when the kingdome is in distresse , they may judge of that distresse , and relieve it ; and are to be accompted by vertue of representation , as the whole body of the state . animadversion iii. his majestie sets downe this position in more words , but these are much to the same purpose ; and upon these the inference which his majestie makes , followes undeniably , that then the life and liberty of the subject , and all good lawes made for the security of them , may be disposed of , and repealed by the major part of both houses at any time present , and by any wayes and meanes procured so to be ; and his majestie shall have no power to protect them . they see nothing that see not the misery which may follow upon such a vast transcendency of arbitrary power , if it were invested in the parliament , which ( i dare boldly say ) was never claimed by any parliament , though in conjunction with ( the head of it ) the king . every ( the meanest ) subject hath such a right and propriety in his goods , that without law they cannot bee taken from him , though to be employed for the publike good . and though the safety of the people be the highest law , and that doe ( many times ) give a power above other laws , and against them , to the supreame magistracy in a state , to dispose of private mens estates , yet the unchangeable rule of justice must have place , even in that highest law , and that requires a compensation to be made to those , whose estates or goods are so disposed of ; and never gives power to uphold the publike good with private injury . nor can it be imagined , that a state upheld by such helpes , should not be able to make a just compensation to those , by whom it was upheld . but let us heare our observatour : they may not ( saith hee ) desert the king . gramercy for that ; i am glad to heare they have yet any obligation upon them to tye them to the king . yet i know not well what he meanes by deserting the king : if hee meane it in that sense , which he doth the kings deserting of them , which ( out of question ) is his not assenting to whatsoever they shall thinke fit ; then in reason they should not , by their disallowing all his proposals , have driven him to dissent from theirs , and so to have deserted them . well : but being deserted by the king , when the kingdome is in distresse , they may judge of that distresse , and relieve it . all their power then is upon supposition of the kings deserting them : so that if it appeare ▪ that his majestie hath not deserted them ( as many good men beleeve he hath not , in the redresse of any reall grievance , ) then they have no such power . and however , they claime this power onely when the kingdome is in distresse ; but how if the kingdome be not in distresse , or ( at least ) that distresse be only or principally caused by their claiming of that power , which cannot consist with the honour and royall estate of his majestie , which all men ( by their late protestation ) are bound to defend ? if it be so , wee may easily discerne how farre they may stretch this power , which they claime onely in order to distresse ; and that they may make as much use of it , as the pope doth of his power in temporals ; in ordine ad spiritualia . he claimes no more , ( though some have said he hath right to more ; ) and the parliament will need no more , to doe as much as he takes upon him to do with christian princes and states . but they must have a right to their power in this case of distresse ; whence have they that ? why , they have it as the whole body of the state , and that they are , and must be so accompted , by vertue of representation . very good . but let us consider his words a little more . there is no understanding man , but must and will acknowledge ( unlesse he wilfully derogate from them , ) that the parliament represents the body of the state , for those ends for which they convene , as an ambassadour doth the prince that sends him , in the mannage of that businesse for which he is sent : but this is not an absolute representation to all intents and purposes . besides , whom doe they represent ? the body ( saith he ) of the state . be it so : but it is onely the body without the head . and if they were not by representation onely , but really , the whole body of the people ( if it were possible they should convene together ) they are all but an assembly of subjects , of men to be governed , not to rule ; to be commanded , not to command their head and soveraigne : and then there can be no virtue of representation that can advance them to the power , which the observatour ascribes to them , when such power was never in the whole body , which is represented . no ? never such power in the whole body ? i know the observatours stomack will rise here . did not the peoples consent at first make kings , and conveigh power into their hands ? truely sir , not solely : but grant it , what then ? marry , he saith , then it is a principle in nature . quicquid efficit tale , est magis tale ; in english , if the people make a king , they are more king themselves ; or if they give power , they have more power : and may resume and exercise that power when they please . excellent learning , and well applyed ; i beleeve hee learn'd this piece from suarez the jesuite . but the observatour may know , that that rule admits many limitations ; and surely , it holds onely in causis totalibus , which the people are not in the constitution of kings . but suppose their consent did at first give power to kings ; when their consent is given for them and their successours , to a king and his heires , can the succeeding people cut off the entaile , and retract the consent their ancestours have given ? by what right ? with what justice ? i know not : but the people may contract for them and their successours in the conveighance of soveraigne power , ( if ever they had it in their hands to give ) as any man may in the conveighance of his lands or goods : and that such conveighance may be as binding to successours in the one , as in the other ; and then i am sure they cannot have power at all times , and in all succeeding ages , to resume what they have so given . our kings right ( so far as it is derived from the people ) is of this kinde . and if he had no other grounds for his claime of soveraignty , ( as it is most certaine that he hath ) such a consent once granted , were sufficient to binde the people , that it cannot ever be lawfull for them , by a major part of them , ( comming in with a nolumus hunc regnare super nos ) to deprive him of that right . but surely , they would never make so absolute a grant of their power to princes , as to devest themselves of it . good sir , shew me that proviso in their grant . but it seemes to you unnaturall they should : i doe not wonder it should seeme so to you , who make it agreeable to the clearest beames of humane reason , and the strongest inclinations of nature ; ( and by consequence , as you would perswade the world , justifiable : ) for every private man to defend himselfe by force , if assaulted , though by the force of a magistrate , or his owne father ; and though he be not without all confidence by flight , &c. i wish whilest you have such recourse to nature , you would not forget christianity , which teaches subjection and obedience , and gives no liberty ( either to private men , or the major part of the communalty ) of resistance ; but saith , they that resist , shall receive to themselves damnation . and if the observatur be a gentleman , he should tender how he hath recourse to nature in point of right , lest he give occasion to some wat. tyler's chaplaine , to preach againe upon that text : when adam dolve , and eve span , who was then a gentleman . he may finde a goodly sermon upon that text , set downe by john stow , in richard the second , and such doctrine delivered upon it ; the use of which would shake his title to his inheritance , and the name of gentleman . position iv. that no member of the parliament ought to be troubled for treason , &c. without leave . observatour . this is intended of suspitions onely , and when leave may seasonably be had ; and when competent accusers appeare not in the impeachment . animadversion iv. his majestie hath said so much of this , and so little of it hath beene answered , ( or indeed is answerable , ) that i shall not need to say much : onely i observe the modesty of this observatour , that hee doth not absolutely say they are not to be troubled for those crimes , but not upon suspition onely ; &c. i know not what hee may call suspitions , but i beleeve the best evidences may easily be held for bare suspitions , if they may not have liberty to speake out ; and that they cannot have , unlesse the accused be first in safe custody , and brought to tryall , where they may legally be produced . and , i beleeve , few wise men will thinke it reasonable , that the grounds of suspition of treason should necessarily be opened before tryall . position v that the soveraigne power resides in both houses of parliament , the king having no negative voyce . observatour . this power is not claimed as ordinary , nor to any purpose , but to save the kingdome from ruine ; and in case , where the king is so seduced , as that he prefers dangerous men , and persecutes his loyall subjects . animadversion v. his majestie infers upon this position , that himselfe must be subject to their commands . this sounds but harshly in the eares of loyall subjects . that any posture wherein they can be put , can raise subjects to a capacity of soveraignty , and reduce their soveraigne to become their subject . but hee comforts us here , and tels us , this power is not claimed as ordinary , nor to any purpose , &c. this is but poore comfort : it is not , but it may be in good time , if they please . hee doth not say , they shall not hereafter , and cannot claime it as ordinary , and to other purposes then that he names . so that there may be other causes that may make them claime this power , as well as this . but indeed they need no other , if it be in their power to declare that to be the case of the king and kingdome when they please : but they will never doe it , but where there is a just cause for it , and the truth leads them to it . truly , i believe honourably of the justice and wisedome of parliaments ; but i doe beleeve that they are not either infallible , or that they cannot possibly do amisse . and the observator must bring better arguments ; ( and i fear he cannot bring so good ) to make me beleeve otherwise , then ever yet were brought for the infallibility of a generall councell . but i have said enough for the present of the residence of soveraigne power in the parliament , and the ground of their claime to it , by the vertue of representation in my third animadversion . i shall here onely give the reader a briefe glosse upon the language here used by the observatour to save the kingdome from ruine , ( that is from monarchy or being governed by the king . ) the king is seduced , that is , he is perswaded ( by his owne understanding , and other evill counsellours , ) not to part with his soveraignty , nor to become a subject to his subjects . he preferres dangerous men , ( that is , such as would have him still to be their king . ) persecutes his loyall subjects , that is , such as would rule him , and the people at their pleasure . position vi . that the levying of forces against the personall commands of the king , ( though accompanied with his presence ) is not levying of warre against the king : but warre against his authority , not person , is warre against the king . observatour . if this were not so , the parliament seeing a seduced king , ruining himselfe , and the kingdome , could not save both , but stand and looke on . animadversion vi . i thought this position so strangely paradoxall , and so apparently contrary to reason , and common sense , that no man would have appeared in the defence of it . yet this observator never blushes , nor blinkes at it , but affirmes it stoutly . but for all that , i shall beleeve very slowly , that the kings person can at any time be without the king , or without his authority : or that they may destroy the kings person to preserve the king . my faith is not strong enough to beleeve these sublime points , and mysteries of state : i shall subscribe thus farre , that warre against the kings authority ( though in the absence of his person ) is warre against the king : but that the king and his person should be ' intwo places , will never ( i feare ) downe with mee . but however i le see his reason : what 's that ? why else the parliament seeing a seduced king , ruining himselfe and his kingdome , could not save both , but must stand and looke on . surely this reason is full of weight , and ready to burst , it is so big with probability . i suppose the reader understands his language here by my former glosse : but if we should take the words as they sound , the reason would seeme as strange , as that which it is brought to confirme . the king ruining himselfe , and his kingdome , a mad king , or an ideot ( hee meanes ) and then 't were fit the parliament appointed him a guardian . ruining himselfe and his kingdome . is it possible , that the king should ruine himselfe and his kingdome . what ? the king alone ? is he alone able to doe it without the people ? it is hardly credible : if he have the people on his side , and a prevailing major party , i thinke the observatour ( standing to his own principles ) will not deny that he hath soveraigne power with him , and that it is unnaturall to thinke the community should destroy it selfe . but the community ( he will say ) is to be lookt at in parliament . well , but good sir , may not the people withdraw the power of representation , which they granted to the parliament ; was their grant so absolute , and so irrevocable , that they dispossesse themselves wholly of taking or exercising that power , in their owne proper persons ? remember your principles about the conveying of soveraigne power into the hands of kings ; and if you can shew no better cards for their power of representation , than the peoples revocable consent , ( and i would faine know why it should be more revocable from kings than men ) you will find their tenure in it very tickle . position vii . that according to some parliaments they may depose kings . observatour . 't is denied that any king was deposed by a free parliament , fairely elected . animadversion vii . i like this note better then all the rest , and am wholly of his mind : that never any free parliament , fairely elected , deposed any king : and i hope ( whatsoever his principles seeme to insinuate ) they doe not beleeve they have power to do it , pray that they may never attempt , ( at least , not be able ) to depose the king , or destroy monarchy . finis . notes, typically marginal, from the original text notes for div a e- seth and his generation began first to call upon the name of the lord , that is to say , to give to god some set forme of worship , as priests did , &c. notes for div a e- pag. . pag. . pag. rom. the speech of their excellencies the lords ambassadours extraordinary. from the high and mighty states general of the united provinces of the netherlands, taking their leave of both the honourable houses of parliament assembled at westminster. . april . translated out of french into english: and printed by their excellencies order. steph. taylor secr. together with a moderate answer by a private gentleman. printed according to order. this text is an enriched version of the tcp digital transcription a of text r in the english short title catalog (thomason e _ ). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. kb of xml-encoded text transcribed from -bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo a wing s thomason e _ estc r this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons . universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase , no. a ) transcribed from: (early english books online ; image set ) images scanned from microfilm: (thomason tracts ; :e [ ]) the speech of their excellencies the lords ambassadours extraordinary. from the high and mighty states general of the united provinces of the netherlands, taking their leave of both the honourable houses of parliament assembled at westminster. . april . translated out of french into english: and printed by their excellencies order. steph. taylor secr. together with a moderate answer by a private gentleman. printed according to order. parker, henry, - . [ ], p. printed by m.b. for robert bostock, at the kings head in pauls church-yard., london, : . april . a private gentleman = henry parker. annotation on thomason copy: "henry parker esq". reproduction of the original in the british library. eng great britain -- history -- civil war, - -- early works to . great britain -- relations -- netherlands -- early works to . netherlands -- relations -- great britain -- early works to . a r (thomason e _ ). civilwar no the speech of their excellencies the lords ambassadours extraordinary.: from the high and mighty states general of the united provinces of parker, henry c the rate of defects per , words puts this text in the c category of texts with between and defects per , words. - tcp assigned for keying and markup - aptara keyed and coded from proquest page images - mona logarbo sampled and proofread - mona logarbo text and markup reviewed and edited - pfs batch review (qc) and xml conversion the speech of their excellencies the lords ambassadours extraordinary . from the high and mighty states general of the united provinces of the netherlands , taking their leave of both the honourable houses of parliament assembled at wes●minster . . april . translated out of french into english : and printed by their excellencies order . steph. taylor secr. together with a moderate answer by a private gentleman . printed according to order . london , printed by m. b. for robert bostock , at the kings head in pauls church-yard . . april . the ambassadours speech . right honourable , two things have moved our lords and superiours to send us their ambassadors extraordinary into this kingdome , viz. their duty , and your service . the first , consisted in their power , and in the resenting of the present distractions . the other , being altogether in your choyce to accept , if you should like of it . we have long agoe , and divers times spoken unto your honours of the one , and the other : as likewise unto the king , who hath honoured so much our state , as to have accepted the offers of our interposition . but we are still with your honours upon the same termes ▪ we were at the beginning , without any certitude , or likelyhood to be accepted . we have already obtained our leave from the king , and have left his majesty full of good will , and disposition for a just and reasonable accommodation : likewise we parted from him well satisfied , concerning the point of the evangelique-protestant religion , upon the offers he hath lately permitted us to make and as concerning the royall rights or prerogatives , the liberties , and priviledges of this kingdome , and the parliament , and of all the subjects , no doubt when that his majesty shall be satisfied , his majesty will also satisfie every one . but sirs , we can stay no longer here , unlesse your honours accept of our interposition , without which we are uselesse : and from hence it is , our lords and superiours have charged us , in such a case , to take our leave , and returne to our owne home . in performance of which last duty , we are here come before you ; assuring you , we shall never cease to wish unto this heretofore flourishing kingdome , an accommodation and peace ; which is ▪ and ever will be as profitable , as necessary . the answer . your excellencies came into england to shew your selves christians out of hope to prevent blood and mischiefe , and partly to shew your selves friends to england , out of hope to prevent the utter ruine of this your neighbour nation . to accomplish these honourable ends you have addressed your selves both to his majesty and the parliament : but whereas his majestie hath accepted the offers of your interposition , you seeme to complaine that you have no certitude or likelihood to be accepted by the parliament . you doe not neverthelesse declare what that interposition is which the king admits or the parliament denies : for if the king doe wholly referre his cause to your umpirage , t were necessary that you plainly make this knowne to the parliament ; and if the king receives you no further then as friendly intercessors to intreat or perswade , in this he does no more then the parliament does . but you conceive the king offereth enough assurance for the evangelique-protestant religion ; and ( it may be ) you expect that the assembled states of england and scotland having drawne together for their assistance the best divines they can from all protestant countries , should attribute more to your judgement herein then to themselves . truly this seems to us something too unequall , and we much doubt whether his majestie be so fully resolved to resigne up himselfe and all his pretences in the point of religion to your finall decision . you further seeme confident , that his majesty will satisfie others when he is himselfe satisfied concerning his prerogative and our liberty : but this may be perhaps , because you doe not so experimentally understand what is likely to satisfie the king , as the best and wisest of his two protestant kingdoms doe . the kings intentions are knowne either by his professions or actions ; as for his professions we know they are and ever were very gracious , but whatsoever expressions he may make to you in your particular , he cannot promise a greater affection to religion and justice then the parliament does . and as for the kings actions we would gladly be instructed by you , but we cannot apprehend our selves lesse judicious in them then any strangers whatsoever . when your state was formerly in distresse , our ancestours did intercede otherwise then you doe now , and yet your provinces were as divided as ours are now , and your cause was as liable to dispute as ours is now ; and what we did tender then was from the intire body of our whole nation ; and to be cleere with you , we doe not looke so upon your interpositions now . for your good wishes to the prosperity of this kingdome wee thanke you ; and if you will propose a just and reasonable accommodation , whatsoever you thinke of us , you will finde us as full of good will and disposition to it , as you now beleeve the king is . finis .